 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.  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Σελίδα 23των Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, Robert Graves Morrow, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1901Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 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 - 792 σελίδες
...the charge upon the 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... | |
 | United States. Supreme Court - 1861 - 704 σελίδες
...and that the defendant, in making or instigating it, was actuated by malice. Ibid. 3. Probable cause is the existence of such facts and circumstances as...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... | |
 | John Innes Clark Hare - 1871 - 952 σελίδες
..." 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... | |
 | 1898 - 562 σελίδες
...Jones, 71 Cal. 89, 38 may be inferred from want of probable cause.88 Probable cause is defined to be, "the existence of such facts and circumstances as...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... | |
 | 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 - 588 σελίδες
...instruction. 2 Thomp. Trials, § 2401. The next instruction complained of reads as follows: " Probable cause is the existence of such facts and circumstances as...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,... | |
 | 1877 - 510 σελίδες
...character, yet it must be proved, or the plaintiff must fail. Probable cause, In a criminal prosecution, is " the existence of such facts and circumstances...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... | |
 | 1877 - 510 σελίδες
...character, yet it must be proved, or the plaintiff must fail. Probable cause, in a criminal prosecution, is " the existence of such facts and circumstances...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... | |
 | Virginia. Supreme Court of Appeals - 1878 - 1044 σελίδες
...must be proved, or the plaintiff must fail. Idem, 891 3. Probable cause, in a criminal prosecution, is "the existence of such facts and circumstances...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... | |
 | 1905 - 1120 σελίδες
...The evidence must point to crime and indicate the defendant as the probable criminal. "Probable cause is the existence of such facts and circumstances as...crime for which he was prosecuted." Wheeler v. Nesbitt et al., 24 How. 544, 16 L. Ed. 765. "Probable cause, as defined in the books, is such a state of facts... | |
| |
