Johnson v. . Chambers
Supreme Court of North Carolina
' Appeal from the Superior Court of Law of Person County, at the Spring Term .1849, his Honor Judge Dior presiding. This was an action upon the ease for malicious prosecution, with a count for slanderous words. The plaintiff produced in evidence a State’s warrant, sued out against him at the instance of the defendant, charging him with having stolen money from him.
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' Appeal from the Superior Court of Law of Person County, at the Spring Term .1849, his Honor Judge Dior presiding. This was an action upon the ease for malicious prosecution, with a count for slanderous words. The plaintiff produced in evidence a State’s warrant, sued out against him at the instance of the defendant, charging him with having stolen money from him. Upon this warrant he was arrested, and afterwards discharged by the examining magistrate at the costs of the prosecutor. The plaintiff then examined Madison McMurray, the constable, who served the said warrant. This witness stated,…
1Opinion of the CourtPearson, J.
Iiis Honor charged, “that, taking all the facts fo be true, as proved,” there was no probable cause. We think, there was not only probable cause, but strong proof of guilt. The defendant’s money was stolen — no one had a chance to steal it but the plaintiff. The plain tiff knew, that the defendant had money — insisted on sleeping with him, instead of going to his own room — left town the next morning before day, under suspicious circumstances ; and, when told of the charge, instead of hastening to the plaintiff to make explanations, takes care to go to his sister’s before he is arrested.
We…
2Cited by17 opinions
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