McGurn v. Brackett
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Sheplev, C. J. presiding. The defendant had instituted a prosecution against the plaintiff, for a crime, which in fact had not been committed by any one. Defendant insisted that he had probable cause for the prosecution. Witnesses were examined on both sides. The verdict was for the defendant; and the plaintiff filed exceptions.
1Opinion of the CourtHoward, J.
— Exceptions were taken to the “refusals of the Court to rule as requested,” but not to the instructions given to the jury. The instructions, therefore, will be regarded as correct.
The first request was granted, but the second was refused in the terms in which it was made, and given with qualifications. The request was, that the Court would instruct the jury “ that probable cause is a reasonable ground of suspicion, supported by circumstances and facts, sufficiently strong in themselves, to warrant an impartial, cautious, and reasonable mind in the belief that the person accused is guilty of…
2Cited by6 opinions
- Harpham v. WhitneyIllinois Supreme Court · 1875
- Coleman v. AllenSupreme Court of Georgia · 1888
- Casey v. SevatsonSupreme Court of Minnesota · 1883
- United States v. GreenDistrict Court, N.D. New York · 1905
- United States v. MotlowDistrict Court, M.D. Tennessee · 1926
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