State v. Roney
Supreme Court of Iowa
Appeal from, Scott District Court. Friday, June 20. This proceeding was originally commenced before a justice of the peace by Wm. S. Arnold filing an information accusing the defendant, Arthur Roney, of the crime of assault and battery committed by said Roney on the person of said Arnold. Upon the trial the justice rendered the following judgment: “ The court finds the defendant not guilty. It is ordered by the court that the complainant, Wm.
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Appeal from, Scott District Court. Friday, June 20. This proceeding was originally commenced before a justice of the peace by Wm. S. Arnold filing an information accusing the defendant, Arthur Roney, of the crime of assault and battery committed by said Roney on the person of said Arnold. Upon the trial the justice rendered the following judgment: “ The court finds the defendant not guilty. It is ordered by the court that the complainant, Wm. S. Arnold, pay the costs of this prosecution, there being no sufficient cause for this prosecution. It is therefore considered by the court that Wm. S.…
1Opinion of the CourtCole, J.
The section of our statute, under which the justice of the peace rendered the judgment against the prosecuting witness, is as follows: “ Section 5086. When the defendant is acquitted the justice shall, if he is satisfied that the prosecution is malicious or without probable -cause, tax the costs against the prosecuting witness and render judgment therefor.” The finding by the justice that there was “no sufficient cause for this prosecution” was, in effect, finding that it was without probable cause, and if such finding was correct it afforded a just and legal basis for the order and judgment…
2Cases cited2 opinions
- Fremont County v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
- Taylor v. RockwellSupreme Court of Iowa · 1860
3Cited by15 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
- Allen v. ChurchSupreme Court of Iowa · 1897
- Porter v. ButterfieldSupreme Court of Iowa · 1902
- Finn v. Winneshiek District CourtSupreme Court of Iowa · 1909
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