Brackin v. Reynolds

KNIGHT, Justice.

Suit to recover damages for malicious prosecution.

Upon conclusion of the evidence the. court, at the request of defendant, gave the general affirmative charge in his behalf. From a verdict for defendant, and judgment, thereon, the plaintiff brings this appeal.

In actions for malicious prosecutions the burden is on the plaintiff to show want of probable cause. And this court seems to be committed to the proposition that the acquittal on final trial of one accused of crime does not tend to show a want of probable cause for believing him guilty of the offense charged. Standard Oil…