Dougherty v. Dorsey

*207OPINION of the Court, by

Judge Owsxey.

This action was brought in the courtbelow by Dorsey against Robert Dougherty, Daniel Culhert, Michael Dougherty and John Dickens, for a malicious prosecution. The plea of not guilty was separately pleaded by the latter defendant in that court, and jointly by the three former 5 and upon calling the causé for trial, the former three tnoved the court for a separate trial of the issue made up by them, on the grounds that their codefendant Dickens was a material witness for them to prove a probable cause for the prosecution; but their motion was overruled, and…