State v. McAllister
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. J. L. IIusted., Judge. The defendant McAllister was indicted, tried, and acquitted of the crime of assault with intent to inflict great bodily injury upon Thomas J. Johnson.
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Appeal from Dubuque District Court. — Hon. J. L. IIusted., Judge. The defendant McAllister was indicted, tried, and acquitted of the crime of assault with intent to inflict great bodily injury upon Thomas J. Johnson. Judgment was rendered as follows: “It appearing to the court that this prosecution was commenced and the indictment was found at the instance of a private prosecutor, to-wit, Thomas J. Johnson, as shown by his own uncontradicted testimony, and the court being satisfied that the prosecution was instigated by malice, and without probable cause, the costs therein are taxed to said…
1Opinion of the CourtGiven, J.
I. Section 4292 of the Oode of 1873 is as follows: “When an-indictment is found at the instance of a private prosecutor, the following must be added to the endorsement required by the preceding section, 'Found at the instance of’ (here state the name of the person), and in such case, if the prosecution fails, the court trying the cause may award costs against the private prosecutor, if satisfied, from all the circumstances, that the prosecution was malicious or without probable cause.” Section 5275 of the present Code is the same as that quoted above. The indictment against Charles McAllister…
2Cases cited1 opinion
- State v. DonnellSupreme Court of Iowa · 1861
3Cited by1 opinion
- McAllister v. JohnsonSupreme Court of Iowa · 1899