 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
 | 1920 - 904 σελίδες
...charged. Franczak v. Plotzki, 178 111. App. 280; Neufeld v. Rodemlnski, 144 111. 86. Probable cause is the existence of such facts and circumstances as...the crime for which he was prosecuted. Wheeler v. Nesbit, 24 How. (U. 8.) 551. A belief honestly entertained, and derived from facts and evidence which... | |
 | Minnesota. Supreme Court - 1920 - 656 σελίδες
...1. Probable cause has been defined as the existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the facts within...prosecutor, that the person charged was guilty of the offense for which he was prosecuted. MALICIOUS PROSECUTION— Continued. Want of Probable Cause. 2.... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1922 - 702 σελίδες
...offense with which he is charged;' as 'the existence of such facts and circumstances as would I'.xrit" belief in a reasonable mind, acting on the facts within...prosecutor, that the person charged was guilty of the offense for which he was prosecuted,' and as 'such facts«and circumstances as, when communicated to... | |
 | California. Supreme Court - 1923 - 946 σελίδες
...actuated through malice in causing the arrest of the plaintiff." Appellant insists that "probable cause is the existence of such facts and circumstances as...guilty of the crime for which he was prosecuted," that "the way and manner in which the plaintiff took the property of the defendant and the particular... | |
 | 1925 - 1112 σελίδες
...should not be submitted to the jury. What will constitute probable cause is defined in the books to be "the existence of such facts and circumstances as...prosecutor, that the person charged was guilty of the offense for which he was prosecuted." Cox v. Lauritsen, 126 Minn. 128, 147 NW 1093. But if there is... | |
 | 1905 - 1050 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...knowledge of the prosecutor, that the person charged was guiltv of the crime for which he was prosecuted." Wheeler v. Nesbitt et al., 24 How. 544, 16 L. Ed.... | |
 | 1898 - 564 σελίδες
...196. VOL. 46 No. 12 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."89 The existence of malice is always a question for the jury. The court has no right to... | |
 | 1885 - 592 σελίδες
...v. Nesbitt (24 How. 545), which is: "The existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the facts within...guilty of the crime for which he was prosecuted." From this definition it is apparent that the existence, or non-existence of probable cause does not... | |
 | 1896 - 582 σελίδες
...Car., 23 SE Rep. 973. 76. MALICIOUS PROSECUTION — Probable Cause. — "Probable cause" means tbe existence of such facts and circumstances as would excite the belief In a reasonable mind tbat the plaintiff was guilty of tbe offense for which he was prosecuted.— MOSLEY v. YBARWOOD, La.,... | |
 | Lyman P. Wilson - 1928 - 1130 σελίδες
...or a question of law only. . . . What will constitute probable cause is defined in the books to be the existence of such facts and circumstances as would...prosecutor, that the person charged was guilty of the offense for which he was prosecuted." Cox v. Lauritsen, 126 Minn. 128, 147 NW 1093. But if there is... | |
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