Fulton v. Onesti

Citations

• 66 Cal. 575
• 6 P. 491
• 1885 Cal. LEXIS 505

Syllabus

<p>Malicious Prosecution—Instructions as to Probable Cause.—In an action for malicious prosecution, when the facts in reference to the alleged probable cause are admitted, or established beyond controversy, then the determination of their legal effect is absolute, and the jury are to be told that there was or was not probable cause, as the case may be. When, however, the facts are controverted and the evidence is conflicting, the court should instruct the jury that if they find in a certain way, the facts as found do or do not amount to probable cause; but in neither case are the jury to determine whether or not the established facts amount to probable cause.</p>