State v. Lyon

The opinion of the court was delivered by

Smith, J.:

One John McAllister, on the complaint of the appellee, was arrested and tried before a justice of the peace of Jackson county on the charge of assault and battery. In such trial he was found guilty, and appealed to the district court. In the latter court he was tried to a jury, which returned a verdict of not guilty, and also returned a separate verdict finding that the prosecution had been instituted without probable cause and from malicious motives -by the appellee. On the motion of the appellee the district court set aside this second…