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" 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 473
by Francis Hilliard - 1859 - 719 pages
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 58

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

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

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...
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Reports of Cases in the Supreme Court of Appeals of Virginia

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,...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 73

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...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 7

Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1881 - 712 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." And proof that such facts and circumstances did not exist, though negative in...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 18

West Virginia. Supreme Court of Appeals, Edgar P. Rucker - Law reports, digests, etc - 1882 - 886 pages
...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." Again he says : "Probable cause does not depend on the actual state of the case...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 12

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....
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A Treatise on the Law of Evidence, Volume 2

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....
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 4

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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