Farwell v. Laird

Doster, G. J.

This was a suit for malicious prosecution, brought by the defendant in error against the plaintiff in error. Only one question needs to be specially noticed. On the trial of the case the court, over defendant’s objections, received in evidence the find*403ing made by the justice of the peace that the complaint of the prosecuting witness against the accused was malicious and without probable cause, and instructed the jury as follows : ‘‘ Now in this connection, the court instructs the jury that if you find it to be a fact that the said R. R. Laird was arrested as aforesaid, upon a…