State v. Coats

Citations

• 18 N.M. 314
• 137 P. 597

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Where a Justice of the Peace, under sec. 3, cbap. 57, S. L. 1907, finds that a criminal prosecution has been instituted “maliciously, or without probable cause,” and taxes the</p> <p>costs against the prosecuting witness, and the prosecuting witness appeals from such judgment, the case should be docketed as the State v. The Prosecuting Witness, and not as originally entitled.</p> <p>P. 316</p> <p>2. In such a case, where the prosecuting witness appeals from a judgment of the Justice of the Peace taxing him with the costs, the District Court is required to try the question as to whether the prosecution was instituted maliciously, or without probable cause de novo and must enter its own independent judgment in the case. In such case the discretion conferred by the statute upon the Justice of the Peace is necessarily transferred to the District Court.</p> <p>P. 317</p> <p>3. Upon such appeal the burden is upon the State to show that the prosecution was instituted maliciously, or without probable cause.</p> <p>P. 318</p>