Franz v. Foster

Hirt, J.,

Plaintiff, in 1925, on an information made by defendant, was charged with breaking and entering and larceny. At the trial on the indictment, a verdict of not guilty was directed. This action was then brought charging malicious prosecution.

At the trial here, plaintiff, in support of his cause of action, made out a prima facie case only by the offer of the information, indictment and verdict of acquittal. This offer was not supplemented by evidence of want of probable cause.

Foster was the owner of a quantity of tools stored in an outhouse in the rear of the premises occupied by him.…