PROCEEDING under a Peace Warrant liearcl at November Term, 1877, of Wake Criminal Court, before Strong, J. A peace warrant, (in which the prosecutor alleged that he-had reason to fear, and did fear that defendants would do him private injury, &c.) was obtained at the instance of one Paschal], and the defendants were arrested and held to answer before a Justice of the Peace, .who after hearing the evidence adjudged that the warrant be dismissed at the costs of defendants.
Cited by 2 later decisions — most recently January 1919
2 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
¥e do not know what sort of a case was-' disclosed by the evidence, but we can see'that the warrant ought to have been quashed on defendants’ motion, on the-ground that it, or the affidavit alleged no threat, fact or circumstance from which the Court could determine whether the “ fear” of the prosecutor was well founded or not, nor for which the prosecutor if swearing falsely could be prosecu
*539
ted. There being no charge against the defendants, of course they could not be taxed with the costs.
¶2
Error. Let this be certified and the proceedings quashed below.
