Kittler v. Kelsch

I am compelled to dissent in this case. I have no quarrel with the principles set forth in the syllabus. As an abstract proposition this may be correct, though the phrase “the sufficiency of the evidence within his own knowledge” may be open to discussion as to whether it refers to the complaint or to his official actions in the prosecution. The issue involved in this case is- — May the state’s attorney swear positively to a complaint on his own initiative and be free from liability without regard to truth or falsehood ?

The complaint shows that the defendant, as state’s attorney, received an…