Levy v. Brannan

The Court refused to instruct the jury, at the request of defendant, that “malice, actual, must be provéd by the ■plaintiff;” and in this the Court, in our opinion, erred.Malice is a fact to be found by the jury in an action for malicious prosecution. It may be proven by the acts or declarations of the defendant, in respect to the prosecution, or the matter which was made the subject of the criminal charge against the plaintiff, or it may be inferred by. the jury from the want of probable cause. The want of .probable cause does not raise a legal presumption of malice, but it may be inferred…