(1) If it is found by any justice or court trying the action or hearing the proceeding that the prosecution is malicious or without probable cause, that fact shall be entered upon record in the action or proceeding by the justice or court.
(2) Upon making the entry prescribed in subsection (1) of this section, the justice or court shall immediately render judgment against the complainant for the costs and disbursements of the action or proceeding.
(3) As used in this section “complainant” means every person who voluntarily appears before any magistrate or grand jury to prosecute any person in a criminal action, either for a misdemeanor or felony. [Amended by 1959 c.426 §3]Section: Previous 137.170 137.175 137.180 137.183 137.190 137.200 137.205 137.210 137.220 137.225 137.227 137.228 137.229 137.230 137.240 Next
Last modified: August 7, 2008