Berman v. People

Citations

• 101 Ill. 322
• 1882 Ill. LEXIS 87

Syllabus

<p>1. Appeal—when it will lie. Where, on the trial of a complaint to bind One over to keep the peace, the defendant is discharged, and the justice of .the peace renders judgment against the prosecutor for costs, on the ground that the complaint was malicious, the latter has the right to appeal to the circuit court from such judgment against him for the costs, he being a defendant as to that judgment.</p> <p>2. Same—of the questions arising on such appeal. In such case the defendant in the original proceeding can not be again tried. The appeal only presents the rightfulness of the judgment against the prosecutor for the costs of the original prosecution.</p>