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Section 19-71. — Who May Issue Process of A rrest. — A judge of a circuit or corporation court, in vacation as well as in term, a trial justice other than a civil and police justice, a clerk of a trial justice other than a clerk of a juvenile and domestic, relations court, or a justice of the peace may issue process for the arrest of a person charged with an offense.
This section does not add anything to the proof of probable cause. The issuance of a warrant or the finding of an indictment does not constitute conclusive proof of probable cause. Whether the issuance of the warrant constitutes prima facie evidence of probable cause, is an immaterial question, since the burden is always on the plaintiff to negative the existence of such cause. The provisions of this section giving a certain discretion in the issuance of warrants in criminal cases, do not add anything to the general law of evidence in suits for malicious prosecution.
Section 19-72. When It May Issue; What To Recite and Require. — On complaint of a criminal offense to such officer he shall examine on oath the complainant and any other witnesses, or when
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