Casperson v. Sproule
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. There was evidence before the court and jury of want of probable cause for the prosecution, and it was the duty of the court to submit the case to the jury.
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Appeal from, St. Louis Circuit Court. There was evidence before the court and jury of want of probable cause for the prosecution, and it was the duty of the court to submit the case to the jury. Probable cause is in most cases of malicious prosecution a mixed question of law and fact, and is defined to be “ a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offence with which he is charged” — Richey v. McBain,17 Sel. 65 ; Munns v. Dupont et al., 3 Wash. C. C. 31; Foshay…
1Opinion of the CourtEagg, Judge
This was an action for malicious prosecution instituted by Casperson against Sproule in the St. Louis Circuit Court. The substance of the petition was that the defendant had falsely, maliciously, and without any reasonable and proba*42ble cause, charged plaintiff with the crime of embezzlement, and caused him to be arrested and taken before the recorder of St. Louis; that the said recorder, swerved and influenced by the false and malicious testimony of defendant, required plaintiff to enter into a recognizance for his appearance at the next term thereafter of the Criminal Court of St. Louis to…
2Cases cited1 opinion
- Brant v. HigginsSupreme Court of Missouri · 1847
3Cited by14 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- State v. BranstetterSupreme Court of Missouri · 1877
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Hanser v. BieberSupreme Court of Missouri · 1917
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