Murray

The plaintiff brought this action for damages in the sum of $10,000 for the alleged wrongful arrest of his person upon a process alleged to have been maliciously caused by defendant to be issued by one Marvin T. Vaughan, justice of the peace in and for Santa Rosa township, in the county of Sonoma. The cause was tried before a jury and a verdict returned in favor of plaintiff in the sum of $1,000. Upon the verdict so rendered, judgment was entered in favor of plaintiff for said sum.

The appeal here is by the defendant from said judgment.

The alleged false arrest was founded on a complaint filed -by the defendant against the plaintiff in the above named justice’s court, on the ninth day of June, 1923, and which charged that on that day the plaintiff (defendant in the criminal action) did, in said county of Sonoma, commit a misdemeanor in that he did “wilfully, unlawfully and maliciously exhibit, draw and use a deadly weapon, in a rude, angry and threatening manner, and not in necessary self-defense, in the presence of A. L. Kunde and Mrs. Archer Murray.” (Pen. Code, sec. 417.) The plaintiff, having been arrested on a warrant issued on said complaint, was arraigned before said…