Herlihy v. Reilly

Defendant appeals from a judgment rendered against her for damages in an action based upon her alleged malicious prosecution of plaintiff in a criminal action in which plaintiff was charged with “the crime of disturbing the peace,” in that she did “willfully, unlawfully and maliciously disturb the peace and quiet of the complainant (this defendant) by loud and abusive language, quarreling and traducing to quarrel, and other offensive conduct. ’ ’

The first point presented by appellant is that the trial court erred in giving to the jury the following instruction: instruct you, as a matter of…