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. The Law of Torts Or Private Wrongs - Page 473by Francis Hilliard - 1859 - 719 pagesFull view - About this book
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 716 pages
...commenced. Bacon «. Towne & others. 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. The facts testified to on the examination may have been very influential in raising... | |
| John Innes Clark Hare - Civil procedure - 1871 - 952 pages
...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... | |
| John Townshend - Libel and slander - 1877 - 838 pages
...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 burden was on the defendant to show probable cause.4 Savil... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 1044 pages
...conscientiously, impartially, reasonably, and without prejudice, upon the facts within the party's knowledge, to believe or entertain an honest and strong suspicion that the person accused is guilty." 1 Hilliard on Torts, ch. 16, § 18, and cases there cited. I proceed to inquire whether the defendants,... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 1036 pages
...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 accused is guilty." Chief J. Slmw in Bacon v. Towne&al., 4 Gush. R. 217. It seems to me that such a communication made... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1883 - 734 pages
...state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe or entertain an honest and strong suspicion that the person accused is guilty. Le;/enberger v. Paul, 635 6. Suspicion distinguished from conviction. — In an action for maL1ENS.... | |
| Simon Greenleaf, Simon Greenleaf Croswell - Evidence (Law) - 1883 - 784 pages
...state of facts, in the mind of the prosecutor, as would lend a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion, that the person arrested is guilty. By Shaw, CJ, in Bacon r. Towne, 4 Cush. (Mass.) 238 ; McGurn v. Brackett, 33 Me.... | |
| Law reports, digests, etc - 1884 - 1042 pages
...conscientiously, impartially, reasonabry and without prejudice, upon facts within the party's knowledge, to believe or entertain an honest and strong suspicion that the person accused is guilty:" Hill on Torts, section 18, and cases cited. Analyzing this definition, we discover the reason for the... | |
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