State v. Lyon

Citations

• 83 Kan. 168
• 109 P. 990
• 1910 Kan. LEXIS 489

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Power to Set Aside Special Findings in Criminal Action — Malice—Probable Cause — Costs. An accused was tried before a justice of the peace and convicted of •a misdemeanor. He appealed to the district court, where the case was tried to a jury. The jury returned a verdict of not guilty, and found that the prosecution was malicious and without probable cause, and stated the name of the prosecutor. On the motion of the prosecutor the court set aside the findings and rendered judgment against the state for costs. Held, not error.'</p>