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" Probable cause is defined as such a state of \facts, in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion that the per•son arrested is guilty. "
American and British Claims Arbitration - Σελίδα 95
1913
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The Law of Torts Or Private Wrongs, Τόμος 1

Francis Hilliard - 1859 - 594 σελίδες
...probable cause for instituting a prosecution is held to be such a state of facts known to and influencing the prosecutor, as would lead a man of ordinary caution and prudence, acting impartially, reasonably, and without prejudice, to believe, or entertain an honest and strong...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 280

Illinois. Supreme Court - 1918 - 716 σελίδες
...prosecution. (Israel v. Brooks, 23 111. 575.) "Probable cause" was defined in Harpham y. Whitney, supra, as such a state of facts in the mind of the prosecutor...man of ordinary caution and prudence to believe or to entertain an honest and strong suspicion that the person arrested is guilty. Substantially the same...

Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 58

Massachusetts. Supreme Judicial Court - 1866 - 716 σελίδες
...considered as the actual cause of the second indictment. Probable cause tor instituting a prosecution is such a state of facts in the mind of the prosecutor...entertain an honest and strong suspicion, that the person accused is guilty. 4c 217 |168 33S 4c 2171 69 32 4c t173 182 '219 4c 191 217 '508 Bacon r. Towne &...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 30

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1869 - 624 σελίδες
...of action existed." In Bacon v. Towne, 4 Cush. 238, Chief J ustico SUAW defines probablecause to be "such a state of facts in the mind of the prosecutor...ordinary caution and prudence to believe, or entertain an houest,.and strong suspicion, that the person arrested is guilty." It is, however, urged by the appellee's...

Albany Law Journal, Τόμος 32

1886 - 546 σελίδες
...— Probable cause upon which to found a prosecution exists only where there is such a state of facts as would lead a man of ordinary caution and prudence to believe and entertain an honest and strong persuasion that the person is guilty. No mere suspicion, nor even...

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

John Innes Clark Hare - 1871 - 952 σελίδες
..."(2) ["A state of facts" said Shaw, CJ, in a third court,(3) " as would lead a man of ordinary cnution and prudence to believe or entertain an honest and strong suspicion that the person is guilty."] The question of probable cause does not turn upon the actual innocence or guilt of the...

Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 830 σελίδες
...So, in Bacon ». Towne, 4 Cush. 238, Shaw, CJ, said that probable cause meant such a state of facts as would lead a man of ordinary caution and prudence...entertain an honest and strong suspicion that the accused is guilty. In Barron ». Mason, 31 Vt. 189, 197, Redfield, CJ, said: "It is not enough to show...

The American Law Register, Τόμος 15

1876 - 816 σελίδες
...MALICIOUS PROSECUTION. ProlaUe Cause — Malice. — Probable cause is such a state of facts in tlie mind of the prosecutor as would lead a man of ordinary...believe or entertain an honest and strong suspicion that tho person arrested is guilty. It does not depend on the actual state of the case in point of fact,...

A Treatise on the Wrongs Called Slander and Libel: And on the Remedy by ...

John Townshend - 1877 - 838 σελίδες
...and prudent man to believe the accused person had committed in a criminal case the crime charged." s Probable cause is such a state of facts in the mind...entertain an honest and strong suspicion that the person arrested is guilty.1 § 426. Formerly the burden was on the defendant to show probable cause.4 Savil...

Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1878 - 1044 σελίδες
..."Probable cause for instituting a prosecution, is held to be such a state of facts known to and influencing the prosecutor, as would lead a man of ordinary caution and prudence, acting conscientiously, impartially, reasonably, and without prejudice, upon the facts within the party's...




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