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" the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. "
A Law Dictionary of Words, Terms, Abbreviations and Phrases which are ... - Σελίδα 391
των James Arthur Ballentine - 1916 - 632 σελίδες
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 148

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1907
...question of probable cause necessary to quote is as follows : " Probable cause is the existence of such facts and circumstances as would excite the belief in a reasonable mind that the ground alleged against the accused for the arrest actually existed. "To constitute probable...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 24

United States. Supreme Court - 1861
...defendant, in making or instigating it, was actuated by malice. Ibid. 3. Probable cause is the existence of such facts and circumstances as would excite the belief...was guilty of the crime for which he was prosecuted. Jl•iil. 4. Where the court told the jury that the want of probable canse afforded a presumption of...

American Leading Cases: Being Select Decisions of American Courts ..., Τόμος 1

John Innes Clark Hare, Horace Binney Wallace - 1871
..." is the existence of such facts and circumstances as would excite in a reasonable mind the belief that the person charged was guilty of the crime for which he was prosecuted ; that is, acting upon the facts within knowledge of the prosecutor, if a reasonable man would believe...

Reports of Cases Heard and Determined by the Supreme Court of ..., Τόμος 107

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1918
...action. China v. Seaboard Air Line Ry. (92 SE S.15), 107 SC 179. 2. Probable cause means the existence of such facts and circumstances as would excite the belief in a reasonable mind that the person charged was guilty of crime for which he was prosecuted. China v. Seaboard Air Line...

The Central Law Journal, Τόμος 46

1898
...38 may be inferred from want of probable cause.88 Probable cause is defined to be, "the existence of such facts and circumstances as would excite the belief,...person charged was guilty of the crime for which he was prosecuted."88 The existence of malice is always a question for the jury. The court has no right to...

Reports of Cases Decided in the Supreme Court of the State of Utah, Τόμος 9

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894
...§ 2401. The next instruction complained of reads as follows: " Probable cause is the existence of such facts and circumstances as would excite the belief,...mind, acting on the facts within the knowledge of the defendant bank, that the plaintiff Hamer had departed from the Territory of Utah, at the time in question,...

The Albany Law Journal: A Weekly Record of the Law and the Lawyers, Τόμος 16

1877
...proved, or the plaintiff must fail. Probable cause, in a criminal prosecution, is " the existence of such facts and circumstances as would excite the belief...mind, acting on the facts within the knowledge of the prosecution, that the person charged was guilty of the crime for which he was prosecuted. Both malice...

The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Τόμος 16

1877
...proved, or the plaintiff must fail. Probable cause, In a criminal prosecution, is " the existence of such facts and circumstances as would excite the belief...mind, acting on the facts within the knowledge of the prosecution, that the person charged was guilty of the crime for which he was prosecuted. Both malice...

Reports of Cases in the Supreme Court of Appeals of Virginia, Τόμος 69

Virginia. Supreme Court of Appeals - 1878
...the plaintiff must fail. Idem, 891 3. Probable cause, in a criminal prosecution, is "the existence of such facts and circumstances as would excite the belief...guilty of the crime for which he was prosecuted." Idem, 891 4. Both malice and the want of probable cause must concur and be proved. Malice may be inferred...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 18

West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1882
...by the Supreme Court in Wheeler v. NesbiU, 24 How. (US) 544, is: "Probable cause is the existence of such facts and circumstances, as would excite the...guilty of the crime for which he was prosecuted." This definition is approved by the Court of Appeals of Virginia in Scott & Boyd v. Shelor, 28Gratt.,...




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