COLLINS vs. FOWLER,
{"newspaper_name": "State journal & flag.", "edition": "01", "page": "p4", "byline": "Benton COuntl"}
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Benton County.

 F. ". BowDoN for the plaintiff in error. s. F. RICE, contra.

 GOLDTHWAlTE, J.

 !. In an action for malicious prosecution, in charging the plaintiff with u larceny, it is no error for the court to charge, that the taking proved, must under our stal- utes be with fraudulent intent. If lhe defendant supposed the facts iu proof made out case of embezzlemeni, or frau. duent conversion, under the penal code, and wished instructions on that point, he should ask specific charge. }. Where justice issued warrant for lar ceny, and the constable went to the house ot the party, and informed his wife, lhe appearance and submission to the exam ination is to be considered as an actual arrest, when the suit is against the pros- ecuor for malicious prosecution. The same effect is to be given to the order of ajusice, that the party be in custody, and the officer is present as well as the par ty-the latter submitting to proceed with the examination.

 Judgment affirmed.