Tarantino v. Griebel

The issue raised by this appeal is whether a conviction which is superseded by an acquittal on appeal after a trial de novo is conclusive of the existence of probable cause in a subsequent action for malicious prosecution.

To be successful in an action for malicious prosecution the plaintiff must allege and has the burden of proving that the defendant had no probable cause for instituting the proceedings against him. Lack of probable cause is only one of the essential elements to such cause of action. Elmer v. Chicago & N. W. R. Co. (1950), 257 Wis. 228, 43 N. W. (2d) 244; Gladfelter v. Doemel…