Richter v. Koster

Downey,

J.—This was an action by the appellee against the appellant for malicious prosecution. The issue was formed by a general traverse of the complaint. The trial was by a jury. There was a verdict for the plaintiff the damages being assessed at two hundred dollars. A motion for a new trial was made by the defendant, and overruled by the court. There was then final judgment for the plaintiff.

The only error assigned is the refusal to grant a new trial.

Several questions arising under this assignment are presented and discussed. The record of the former prosecution, given in evidence by the…