8 Mont. 310 | Mont. | 1889
Respondent was the prosecuting witness in a criminal case, instituted before a justice of the peace, against one Isaac Morehouse. The defendant in that case was discharged, and the respondent, Mary Morehouse, adjudged to pay the costs, upon the ground that the prosecution was malicious and without probable cause. From this order, which was made on the twenty-eighth day of January, 1888, respondent appealed to the District Court on the third day of February following. No notice was given of an intention to appeal at the time the order was made. In the District Court, the county attorney moved to dismiss the appeal, for the want of such notice. The court overruled this motion, and the Territory appealed from the order overruling said motion. Section 530 of the Criminal Practice Act provides, in substance, that where a court or jury find that there was no probable cause for commencing the prosecution, or that it was malicious, and the court taxes the costs against the prosecutor, he may appeal to the District Court, wherq the question of malice or want of probable
Appeal dismissed.