Moore v. . Winfield

At the close of plaintiff’s evidence and at the close of all the evidence the defendant, in the court below, made motions for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions, and in this we can see no error. The question presented: Is the conviction of the defendant in a criminal action in a lower court procured by the prosecuting witness upon evidence known to him to be perjured conclusive evidence of probable cause? We think not, under the facts and circumstances of this case.

The plaintiff in his complaint alleges: “That not only was said warrant sworn…