Beale v. . Roberson
Supreme Court of North Carolina
Appeal- from the Superior Court of Law of Chatham County, at the Spring Term, 1847, his Honor Judge Manly presiding. The plaintiff sued the defendants for having maliciously and falsely sued out a warrant, and prosecuted him, with two other persons, before a Justice of the Peace, for a felonious assault and robbery of the defendant Roberson on the high-way.
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Appeal- from the Superior Court of Law of Chatham County, at the Spring Term, 1847, his Honor Judge Manly presiding. The plaintiff sued the defendants for having maliciously and falsely sued out a warrant, and prosecuted him, with two other persons, before a Justice of the Peace, for a felonious assault and robbery of the defendant Roberson on the high-way. Upon not guilty pleaded, the evidence was, that on a certain day,. Roberson and the plaintiff, and the two- other persons, who were prosecuted with the plaintiff, were in the town of Pitts-borough together, and, that in the afternoon,…
1Opinion of the CourtRottin, C. J.
This case brings up again the question, whether probable cause is matter of law, so as to mako jt the duty of the Court to direct the jury, that, if they find certain facts upon the evidence, or draw from them, certain other inferences of fact, there is or is not probable cause ; thus leaving the questions of fact to the jury, and keeping their effect, in point of reason, for the decision of the Court, as a matter of law. Upon that question, the opinion of all the Court is in the affirmative ; and therefore this judgment must be reversed.
The point is concluded in this State by repeated…
2Cited by7 opinions
- Wilkinson v. . WilkinsonSupreme Court of North Carolina · 1912
- Carson v. DoggettSupreme Court of North Carolina · 1950
- Bowen v. W. A. Pollard & Co.Supreme Court of North Carolina · 1917
- Rawls v. . BennettSupreme Court of North Carolina · 1942
- Moore v. Bank.Supreme Court of North Carolina · 1905
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