Huffstutler v. Edge

FOSTER, Justice.

On certiorari to the Court of Appeals, in which they affirmed a judgment against appellant rendered by the Circuit Court of Barbour County, without a jury, in a suit for malicious prosecution.

*103Whether there was probable cause for appellant to believe that Edge had stolen any of the property mentioned in the indictment was a question of law when the facts became certain. When there is a conflict in the evidence as to material facts relevant to that issue, a finding of the facts on that basis is one of fact not of law. But the legal effect of such finding on the issue of probable…