Spears v. Cross
Supreme Court of Alabama
Error to the Circuit court of Lauderdale. Malicious prosecution — tried before Lane, J. Plea, not guilty. The bill of exceptions disclosed the following facts.
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Error to the Circuit court of Lauderdale. Malicious prosecution — tried before Lane, J. Plea, not guilty. The bill of exceptions disclosed the following facts. That some time within the year, the defendant applied to a justice of the peace, and procured to be issued a warrant against the plaintiff, charging him with a felony ; upon which warrant the plaintiff was arrested, and tried before a justice of the peace for commitment, when the plaintiff was acquitted, and finally discharged from the prosecution. On the ti'ial, the plaintiff proposed to prove, by the justice of the peace, who issued…
1Opinion of the CourtGoldtiiwaite, J.
— Although it is certainly the most approved practice, for a justice of the peace or other magistrate, to reduce to writing, the oath of the party making a charge and requiring a warrant, yet it is not essential to the validity of a criminal proceeding, that the oath should be thus reduced to writing. The statute (Aik. Dig. 116, s. 13,) does not require it; and it would be a dangerous innovation to allow a defendant to shield himself from liability, for making a false or malicious charge, by any mistake or want of technical accuracy on the part of the officer appointed by the law to institute…
2Cited by1 opinion
- Innerarrity v. ByrneSupreme Court of Alabama · 1838