 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
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Max Henderson, Ray Smith - Law reports, digests, etc - 1921 - 730 pages
...court said that: "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. Bacon v. Towne,... | |
 | Law reports, digests, etc - 1906 - 1052 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 believe or to entertain an honest and strong suspicion that the person Is guilty." If the defendants... | |
 | George Luther Clark - Torts - 1922 - 412 pages
...Lack of reasonable and probable cause. Reasonable and probable cause has been judicially defined as "such a state of facts 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."1 The burden of... | |
 | Charles Williams Fricke - Criminal procedure - 1926 - 296 pages
...beyond a reasonable doubt. Ex parte James, 47 Cal. App. 205. And it is sufficient if the proof be such "as would lead a man of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the person accused is guilty." Ex parte Vice, 5 Cal.... | |
 | Law - 1892 - 532 pages
...pertaining to an action instituted by his assignors, and as the result of such Investigation finds such a state of facts as would lead a man of ordinary caution and prudence to believe the action to be meritorious, then he has probable cause for continuing the prosecution.— GURLEY... | |
 | Law - 1879 - 556 pages
...guilty of the offense with w hi- h. 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." Ulmcr v. Leland,... | |
 | United States. Tax Court - Law reports, digests, etc - 1961 - 1226 pages
...or probable cause. In construing this section, California courts have held that probable cause means such a state of facts as would lead a man of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused.... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1884 - 728 pages
...454. It ha« been said by a learned judge 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 Jwncyt and ¡McLeod v. McLeod.] xtrony tntfjrieivn, that the person arrested is guilty.''... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1907 - 758 pages
...and under a state of facts which would not justify a convictlou? Reasonable or probable cause means such a state of facts as would lead a man of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the person accused is guilty. There must be a probability... | |
 | Elocution - 1921 - 438 pages
...prosecutor, that the person charged was guilty of the crime for which he was prosecuted."87 Probable cause is such a state of facts, as would lead a man of ordinary caution and prudence, acting conscientiously, impartially, reasonably and without prejudice, upon facts within the party's... | |
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