McMullen v. Daniel

FOSTER, Justice.

This is an action for malicious prosecution. In it. the burden is on plaintiff to show a want of probable cause. In such a suit, when the prosecution is for a criminal charge, the innocence in fact of plaintiff is not evidence of such want of probable cause, unless defendant knew of the facts or that there was no crime committed by plaintiff when he began the prosecution. Gulsby v. Louisville & N. R. Co., 167 Ala. 122, 52 So. 392; Hanchey v. Brunson, 175 Ala. 236, 56 So. 971, Ann. Cas. 1914C, 804; Veid v. Roberts, 200 Ala. 576, 76 So. 934; Parisian Co. v. Williams, 203 Ala.…