Yocum v. Polly

Judge Marshall

delivered the Opinion of the Court.

This was an action for a malicious prosecution brought by Polly against Yocum. The declaration avers that the defendant maliciously, &c. and without probable cause, procured a warrant to be issued for the arrest of the plaintiff on the charge of being present, aiding and assisting in the murder of Preston Coulter, upon which he was arrested, imprisoned, and remained in prison until he was brought before the justices and put upon his trial, and the evidence being heard, the prosecution was dismissed by the Commonwealth.

The warrant and its…