Orchard v. Osborn

The opinion of the court was delivered by

Valentine, J.:

On February 28, 1887, Henry Orchard, as prosecuting witness, commenced a criminal action before a justice of the peace of Marshall county against Fred Martin, charging Martin with unlawfully committing an assault and battery upon Orchard. Afterward a trial was had before the justice of the peace and a jury, and the jury failing to agree, they were discharged. Afterward another trial was had before the justice and a jury, and the jury returned a verdict finding the defendant, Fred Martin, not guilty, and the defendant was discharged; and…