People v. Fowler

The defendant was tried and convicted, before a justice of the peace, for malicious mischief, and appealed to the Court of Sessions ; where, upon a trial de novo, he was acquitted, and the Court adjudged Peck, the prosecutor, to pay the costs, upon the *86ground that the prosecution was without probable cause. A writ of certiorari was issued upon the petition of Peck, and the proceedings brought before this Court.

The right of appeal from a final judgment, in a criminal case tried in a Justices’ Court, to the Court of Sessions, is given by the first subdivision of section 481 of the act…