Borg v. Bringhurst

Citations

• 105 Wash. 521
• 178 P. 450

Syllabus

<p>Malicious Prosecution (14-1)—Evidence—Admissibility—Rea-son for Dismissal. In an action for malicious prosecution, the plaintiff, in making a prima facie case by proof of dismissal of the criminal charge, is not entitled to show the reason for the dismissal by the examining magistrate.</p> <p>Trial (24)—Reception of Evidence—Cumulative Evidence. It is not error to exclude a certified copy of a judgment of dismissal which would only have been cumulative evidence of an admitted fact.</p> <p>Malicious ’Prosecution (14)—-Probable Cause—Admissibility. In an action for malicious prosecution, under a general denial the defendant may show probable cause by proof of a full and true disclosure to the prosecuting attorney who directed the filing of the complaint.</p> <p>Same (3, 15)—Probable Cause—Advice of Prosecutor—Evidence —Sufficiency. Probable cause for a criminal prosecution is established as a matter of law, by a full and true disclosure of the facts to the prosecuting attorney who directed institution of the proceedings; and it is immaterial that the evidence was largely hearsay, and insufficient to secure conviction.</p>