Blunk v. Atchison, T. & S. F. R.

Citations

• 38 F. 311
• 1889 U.S. App. LEXIS 2820

Syllabus

<p>1. Malicious Prosecution — When Lies.</p> <p>If, after the filing- of an original complaint for criminal prosecution, those •who instituted the prosecution learn facts showing the innocence of the accused, they are not liable for malicious prosecution for merely withholding such information from the prosecuting attorney, as under the statutes of Kansas the case is then in the hands of the attorney; but they are liable if they still insist upon, urge, and demand the prosecution of the accused.</p> <p>2. Same — Malice—What Constitutes.</p> <p>Where there is a wanton, gross, reckless disregard of the rights of another in instituting a prosecution, as where confessedly there is no excuse for it,— no reasonable ground, — the jury may find the prosecution malicious, though there is no direct testimony of prior trouble, ill-will, or grudge.</p> <p>3. Same — Probable Cause.</p> <p>Where robbery and murder have been committed, and those affected thereby, on being informed by a convict in a penitentiary that he, with certain others, committed the crimes, find on investigation that the details of the facts stated by their informant are substantially true, and from the confession and verification of the details they entertain an honest and strong suspicion that the persons named were guilty, probable cause exists for prosecution of those implicated by the statement of the convict.</p> <p>4. Same — Advice oto Counsel.</p> <p>If one injured by a crime discloses all the facts that he knows, or that by the exercise of reasonable care he can obtain, honestly and fully to counsel, and the latter advises that such facts make out a case for prosecution of sus-pccted persons, the injured person is justified in instituting the prosecution.1</p> <p>5. Same — Rights oe Accused.</p> <p>The suspected persons need not be informed or led from the investigations to believe, before the prosecution is instituted, that they are accused of the crimes.</p> <p>6. Same — Damages.</p> <p>The measure