 | Francis Hilliard - Torts - 1859 - 594 pages
...probable cause for instituting a prosecution is held to be such a state of facts known to and influencing the prosecutor, as would lead a man of ordinary caution and prudence, acting impartially, reasonably, and without prejudice, to believe, or entertain an honest and strong... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1918 - 716 pages
...prosecution. (Israel v. Brooks, 23 111. 575.) "Probable cause" was defined in Harpham y. Whitney, supra, as such a state of facts in the mind of the prosecutor...man of ordinary caution and prudence to believe or to entertain an honest and strong suspicion that the person arrested is guilty. Substantially the same... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 716 pages
...cause for the prosecution, at the time the proceedings in it were commenced. Bacon «. Towne & others. prosecutor as would lead a man of ordinary caution...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... | |
 | 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
...of action existed." In Bacon v. Towne, 4 Cush. 238, Chief J ustico SUAW defines probablecause to be "such a state of facts in the mind of the prosecutor...ordinary caution and prudence to believe, or entertain an houest,.and strong suspicion, that the person arrested is guilty." It is, however, urged by the appellee's... | |
 | Law - 1886 - 546 pages
...— 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 caution and prudence to believe and entertain an honest and strong persuasion that the person is guilty. No mere suspicion, nor even... | |
 | John Innes Clark Hare - Civil procedure - 1871 - 952 pages
..."(2) ["A state 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... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...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...entertain an honest and strong suspicion that the accused is guilty. In Barron ». Mason, 31 Vt. 189, 197, Redfield, CJ, said: "It is not enough to show... | |
 | Law - 1876 - 816 pages
...MALICIOUS PROSECUTION. ProlaUe Cause — Malice. — Probable cause is such a state of facts in tlie mind of the prosecutor as would lead a man of ordinary...believe or entertain an honest and strong suspicion that tho person arrested is guilty. It does not depend on the actual state of the case in point of fact,... | |
 | John Townshend - Libel and slander - 1877 - 838 pages
...and prudent man to believe the accused person had committed in a criminal case the crime charged." s Probable cause is such a state of facts in the mind...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
..."Probable cause for instituting a prosecution, is held to be such a state of facts known to and influencing the prosecutor, as would lead a man of ordinary caution and prudence, acting conscientiously, impartially, reasonably, and without prejudice, upon the facts within the party's... | |
| |
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. 
