 Probable cause is 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 person arrested is guilty.  Rapports Judiciaires de Québec - Page 1871880Full view - About this book
 | 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 - Law reports, digests, etc - 1886 - 718 pages
...instituting a criminal prosecution. Snch belief must rest upon reasonable grounds, and be induced by such a state of facts as would lead a man of ordinary prudence and caution to entertain an honest and strong suspicion that the accused is guilty of the... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1918 - 716 pages
...cause" was defined in Harpham y. Whitney, supra, 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 to entertain an honest and strong suspicion that the person arrested is guilty. Substantially the... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 716 pages
...Probable cause for instituting a prosecution is 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 person accused is guilty. Ib. 7. The defendant,... | |
 | 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 - Law reports, digests, etc - 1869 - 624 pages
...Chief J ustico SUAW defines probablecause to be "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 houest,.and strong suspicion, that the person arrested is guilty." It is, however,... | |
 | Law - 1886 - 546 pages
...CAUSE— WHAT CONSTITUTES. — 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...prudence to believe and entertain an honest and strong persuasion that the person is guilty. No mere suspicion, nor even a strong belief of guilt arising... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...which he is charged." 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 to believe or entertain an honest and strong suspicion that the accused is guilty. In Barron ». Mason, 31 Vt.... | |
 | Law - 1876 - 816 pages
...ProlaUe Cause — Malice. — Probable cause is such a state of facts in tlie mind of the prosecutor as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion that tho person arrested is guilty. It does not depend... | |
 | John Townshend - Libel and slander - 1877 - 838 pages
...criminal case the crime charged." s Probable cause is 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 person arrested is guilty.1 § 426. Formerly the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...guilty of the offence with which he is charged." Chief Justice Shaw defines it in similar language : " Such a state of facts as would lead a man of ordinary caution to believe, or to entertain an honest and strong suspicion, that the person is guilty." Ulmer v. Leland,... | |
 | Law reports, digests, etc - 1906 - 1122 pages
...opinion quotes from Ulmer v. Leland, 1 Greenl. 135, 10 Am, Dec. 48, the following upon the same subject: "Such a state of facts as would lead a man of ordinary caution to bellevt or to entertain an honest and strong suspicion that the person Is guilty." If the defendants... | |
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