is alleged that McNunis threatened to shoot Zukosky "between the eyes". Zukosky then obtained, from a justice of the peace of Marion County, the peace warrant under which McNunis was arrested. The information upon which the warrant was founded, and the warrant, stated that the alleged threat was made in Marion County. It seems clear, however, that Zukosky *356 made no representation as to the county in which the threat was made, but that the justice who issued the warrant merely assumed that the threat was made against Zukosky in Marion County. Upon the trial of McNunis before a justice of Marion County, to whom the case had been transferred by the justice who issued the warrant, McNunis was found not guilty.
Subsequent to his acquittal, McNunis instituted anaction of malicious prosecution against Zukosky in the Circuit Court of Marion County. Upon the trial of the malicious prosecution case, a directed verdict was returned in favor of Zukosky, and the action was dismissed, apparently on the ground that the peace warrant was void for the reason that the threat was alleged in the warrant to have been made in Marion County, while the proof established that the threat, if one was made, was made in Monongalia County. Subsequent to such dismissal, the instant action for false imprisonment was instituted and, upon a verdict for McNunis for five hundred dollars, a judgment was entered against Zukosky.
The first question for decision relates to the validity of the peace warrant. The plaintiff contends that the warrant was void for