Burke v. Kearney

OPINION

By MATTHEWS, J.

The first error assigned is that the court should have sustained the defendant’s motion for an instructed verdict on the ground that on the undisputed facts probable cause existed. In oral argument counsel called attention to the charge of the court on probable cause and argued that the court did not discharge its duty by stating — as it did — the legal definition of probable cause anu leaving — as it did — to the jury the duty of applying that definition to the facts found by it to have been proven. The court should, so the argument runs, have taken the evidence and…