Whitehurst v. Ward
Supreme Court of Alabama
Writ of Error to the Circuit Court of Henry. Ation on the case, by Ward against Whitehurst,' for a malicious prosecution, in charging the plaintiff with the crime of larceny by suing out a warrant without reasonable or probable cause. The defendant pleaded — L Not guilty. 2. If Any warrant was sued out, it was from probable cause.' At the trial, the defendant introduced evidence tending to prove — 1. Justification. 2. Probable cause.
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Writ of Error to the Circuit Court of Henry. Ation on the case, by Ward against Whitehurst,' for a malicious prosecution, in charging the plaintiff with the crime of larceny by suing out a warrant without reasonable or probable cause. The defendant pleaded — L Not guilty. 2. If Any warrant was sued out, it was from probable cause.' At the trial, the defendant introduced evidence tending to prove — 1. Justification. 2. Probable cause. And thereon moved the court to charge the jury— 1. That if they believed the plaintiff was guilty of larceny* as charged in the warrant, they should find for the…
1Opinion of the CourtGoldthwaite, J.
The en'or in this case is clear. The want of probable cause is the essential ingredient in a malicious prosecution, and if the fact is in accordance with the charge, or if the prosecutor had probable cause to believe it to be so, this is a sufficient answer to the action. To this effect are all the text books and decided cases. [3 Steph. Ni. Pri. 2278, and cases there cited.]
Judgment reversed and cause remanded.
2Cited by4 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Lancaster v. McKayCourt of Appeals of Kentucky · 1898
- Mack v. SharpMichigan Supreme Court · 1904
- Coleman v. Reed Bros. & Co.Ohio Court of Appeals · 1923