Town of Ilwaco v. Miller

*450The opinion of the court was delivered by

Anders, J.

— The defendant, B. C. Miller, was tried and convicted, before the police justice of the town of Ilwaco, of assault and battery, upon a complaint filed by the appellant, Fred. Colbert. From the judgment rendered against him the defendant appealed to the superior court of Pacific county, where, by consent of parties, the cause was tried by the court without a jury, and resulted in an acquittal of the defendant.

The trial court being of the opinion that the complaint was frivolous and without pi’obable cause, thereupon entered judgment that the…