§ 16-18-104 — Prosecuting witness before grand jury liable - when

If any
person complains to any grand jury of injury done to his person, or to any person of
his household, or to his property, and after indictment found does not appear in the
court in which the indictment is pending to give evidence in that behalf against the
party charged in the indictment, and the party charged is acquitted, or if
proceedings under said indictment are discontinued for want of testimony, the
court in which the indictment is pending shall give judgment against the person
who preferred the complaint for the costs arising in that case. Upon the trial of the
party charged in any such indictment, if he is acquitted and the jury finds that the
proceeding was maliciously commenced, the court shall give judgment against the
prosecuting witness for the costs arising in the case. Whenever any person
complains, the grand jury shall cause the name of the person so complaining to be
endorsed upon the indictment, with the words prosecuting witness added, and
this shall be evidence that the complaint was made by the person whose name is
thus endorsed.

Legislative History

Source: L. 1872: p. 96, � 2. G.L. � 345. G.S. � 419. R.S. 08: � 1080. C.L. � 6596. CSA: C. 43, � 26. CRS 53: � 33-2-4. C.R.S. 1963: � 33-2-4.