Legal Opinion

Smith v. . Thomas

Supreme Court of North Carolina

Decided November 11, 1908PublishedCited by 15 opinions

ActioN tried before Jones, J., and a jury, May Term, 1908, of Anson. This is an action for malicious prosecution. The plaintiff was charged before a Justice of the Peace with the commission of a criminal offense upon the accusation and affidavit of the defendant, C. D. Thomas. At the trial, as the record shows, he pleaded guilty, and afterwards, .appealed to the Superior Court from the judgment of the Justice, which was reversed by that Court.

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ActioN tried before Jones, J., and a jury, May Term, 1908, of Anson. This is an action for malicious prosecution. The plaintiff was charged before a Justice of the Peace with the commission of a criminal offense upon the accusation and affidavit of the defendant, C. D. Thomas. At the trial, as the record shows, he pleaded guilty, and afterwards, .appealed to the Superior Court from the judgment of the Justice, which was reversed by that Court. At the close of the plaintiff’s testimony, the Court, on motion of the defendant, entered a judgment of nonsuit against the plaintiff, whereupon he…

1Opinion of the Court

. "WalKER, J.,

after stating the case: The reason for the decision of the Court below was, that .the plaintiff had been convicted, upon bis own confession of guilt, by the Justice, and that the conviction was conclusive evidence of probable cause for the prosecution, although it was reversed in the Superior Court. In this ruling we concur with the Judge who presided at the trial in the Superior Court.

However the question may have been decided in the courts of the other States, and their decisions do not appear to have been entirely harmonious, this Court has held, in at least two previous…

2Cases cited6 opinions

  1. Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
  2. Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
  3. State v. TrolsonNevada Supreme Court · 1893
  4. Griffis v. . SellarsSupreme Court of North Carolina · 1837
  5. Kirkwood v. FineganMichigan Supreme Court · 1893

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3Cited by15 opinions

  1. Hanser v. BieberSupreme Court of Missouri · 1917
  2. State v. . DaltonSupreme Court of North Carolina · 1934
  3. State v. BradySupreme Court of Kansas · 1943
  4. Desmond v. FawcettMassachusetts Supreme Judicial Court · 1917
  5. Kennedy v. BurbidgeUtah Supreme Court · 1919

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