Turney v. Taylor

The opinion of the court was delivered by

Schoonover, J.:

This is an action for malicious prosecution. Judgment was rendered against the plaintiff in error in the district court of Greenwood county, and he now brings the case here for review. The following instruction, given by the trial court, is assigned for error, and relied on by plaintiff in error for a reversal:

“Our supreme court has decided that the question as to what facts"amount to probable cause is a question of law to be decided by the court, and you are instructed that the facts testified to by defendant Turney as having been…