Jirku v. Brod.

This is an action against defendant for a malicious prosecution, for causing the arrest of the plaintiff upon a criminal charge. At the conclusion of all the testimony in the case, the court, without hearing argument on the evidence, and of its own motion, instructed the jury to return a verdict for the defendant, which the jury did. Judgment was entered in favor of the defendant, and plaintiff appeals. The action of the court in instructing the jury to return a verdict for the defendant is the only error of which the appellant complains.

Plaintiff published and circulated a statement in the…