Cole v. Andrews
Supreme Court of Minnesota
Action in the district court for Kandiyohi county to recover $3,500 for an alleged malicious prosecution. The cause was tried before Powers, J., and a jury, which returned a'verdict of $150 in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed. One who merely states the facts to the prosecuting attorney, who procures the finding of an indictment by the grand-jury, is not liable as for a malicious prosecution.
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Action in the district court for Kandiyohi county to recover $3,500 for an alleged malicious prosecution. The cause was tried before Powers, J., and a jury, which returned a'verdict of $150 in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed. One who merely states the facts to the prosecuting attorney, who procures the finding of an indictment by the grand-jury, is not liable as for a malicious prosecution. Sebastian v. Cheney, 86 Tex. 497; Smith v. Austin, 49 Mich. 286; Huntington v. Gault, 81 Mich. 144; Anderson v. Friend, 71 Ill. 475; Johnson v.…
1Opinion of the CourtMitchell, J.
The facts in this case will sufficiently appear from the opinion on the former appeal. 70 Minn. 230, 73 N. W. 3.
On the second trial the court instructed the jury that the prosecution of plaintiff for larceny “was instituted, commenced or begun by the defendant”; thus taking that question from the jury, and submitting to them only the questions of malice and probable cause. In this we think the learned trial judge erred, and that he ought to have also, left to the jury the question whether the prosecution was instituted at the instigation of the defendant. On the first trial the court…
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