Leppel v. District Court

At the trial of a criminal action in the district court of Garfield county the defendant was acquitted, and the jury by their verdict declared that the prosecution was maliciously commenced. As required by section 696 Mills’ Ann. Stats., the court thereupon gave judgment against the prosecuting witness for' the costs arising in the case. Thereafter and during the term, the person designated in the judgment as the prosecuting witness appeared and asked for a stay of proceedings and that judgment be set aside upon the ground that she was not, in fact, the prosecuting witness in the cause, and…