Smith v. Hall

Moran. J.

This was an action for malicious prosecution in which appellee recovered against appellant a verdict and judgment for $162. The court gave to the jury, at the request of appellee, the following instructions:

“1. The courts instructs the jury, that the prosecution of a person criminally, with any other motive than that of bringing the parties to justice, is a malicious prosecution, and if the jury believe, from the evidence, that the defendant procured the arrest of the plaintiff with any other motive than that of honestly bringing the plaintiff to trial for a crime committed by said…