State v. Zimmerman

The opinion of the court was delivered by

Horton, C. J.:

This was an information for libel, instituted by Nicholas Zimmerman, as prosecutor, against Michael Eeinish. Upon the trial the jury found and returned the following verdict:

“We, the jury, impaneled and sworn in the above entitled case, do, upon our oaths, find the defendant not guilty; and we do further find that this prosecution was instituted by Nicholas Zimmerman without probable cause, and from malicious motives.

O. S. Hiatt, Foreman.’1’

Upon motion of the prosecuting witness, Zimmerman, the trial court set aside so much of the verdict…