Reilly v. Andro

Stevens, J.(1) Sec. 360.22 of the Statutes provides that when a person accused of a criminal offense is acquitted he shall immediately be discharged; “and if the court before whom the trial is had shall certify in his docket that the complaint was wilful and malicious and without probable cause it shall enter a judgment against the complainant to pay all the costs that shall have accrued to the court and sheriff or constable and jury, and the fees of witnesses in the proceedings had upon such complaint.”

When a justice of the peace pronounces judgment orally at the close of the trial he has a…