Stone v. State ex rel. Huffine

This prosecution was instituted by the relator to compel the appellant to enter into a recognizance to keep the peace.

The statute requires that the affidavit, in cases of this kind, shall state that the affidavit was made “only to secure the protection of the law and not from anger or malice,” but in providing what the issue shall be, it is declared that: “ The issue to be tried in such case shall be, whether the complaining witness has just cause to entertain the fears expressed in his affidavit,” and this is the issue in "the circuit court as well as in the justice’s court. R. S. 1881,…