Matlick v. Crump
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Benjamin E. Tuenee, Judge. (1) When sued for malicious prosecution, a prosecutor can not step behind a defective affidavit or information, and especially when he has' put the prisoner upon trial before a jury and insisted upon his conviction to the end. Stocldng v. Howard, 73 Mo. 25; Best v. Hoeffner, 39 Mo. App. 682. (2) The instructions given fairly presented the ease to the jury.
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Appeal from the Scotland Circuit Court. — Hon. Benjamin E. Tuenee, Judge. (1) When sued for malicious prosecution, a prosecutor can not step behind a defective affidavit or information, and especially when he has' put the prisoner upon trial before a jury and insisted upon his conviction to the end. Stocldng v. Howard, 73 Mo. 25; Best v. Hoeffner, 39 Mo. App. 682. (2) The instructions given fairly presented the ease to the jury. Fugate v. Millar, 109 Mo. 281; Sharp v. Johnston, 59 Mo. 557; s. o., 76 Mo. 660.
1Opinion of the CourtBiggs, J.
The plaintiff, at the instigation of the defendant, was arrested and prosecuted for a trespass. The affidavit of the defendant and the information filed thereon were to the effect that, on a day stated, the plaintiff committed a willful and malicious trespass *22by opening a gate leading into certain inclosed lands belonging to tbe defendant, and passing over the land with' his team. The plaintiff was -tried before the justice and acquitted of the charge. . He thereupon commenced the present action for malicious prosecution.
The defendant’s answer is a general denial, and, further, that the…
2Cases cited2 opinions
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