Campbell v. Tatum

I am of the opinion that as a matter of law the jury was not authorized to find that the prosecution was instituted without probable cause. There is a sharp conflict in the cases,from other jurisdictions as to whether it is a good defense to the charge of larceny after trust that the defendant appropriated the money or property entrusted to him under a bona fide claim of right, based on a claim of title to the money or property or on a claim of indebtedness by the prosecutor to him, whether the claim was well founded or not. There is a similar conflict of authority on the question whether…