Conroy v. Townsend

The real question here is, whether the appellants maliciously, and without probable cause, prosecuted the appellee upon a charge that she had threatened to kill, and to do great bodily injury to the appellant Spalding.

The language of the declaration as to their joint action is, that they, before a justice, “ charged ” her .with the offense. The evidence on her part was that the appellants were together at the office of the justice—that Spalding swore to the complaint—that Conroy gave the warrant thereon and a dollar to the constable, and went with him and pointed out the appellee as the…