Heldt v. Webster

Citations

• 60 Tex. 207
• 1883 Tex. LEXIS 302

Syllabus

<p>1. Malicious prosecution — Charge oe the court.— The following charge of the trial court is held to be erroneous: “If the plaintiff was discharged from the prosecution by the examining magistrate who examined the case, then the presumption of law is, that there was no probable cause; but if the evidence further shows that the defendant had reasonable cause to believe, and did believe, that the facts stated in the complaint were true, then he would have such probable cause as the law contemplated,” because (1) The discharge of the defendant in a criminal prosecution does not raise a presumption of probable cause. (Following Griffin v. Chubb, 7 Tex., 614.) (3) The want of probable cause is a question of fact for the jury to determine, and such charge gives to that fact a prominence to which it was not entitled.</p> <p>3. Same.—A charge as to the presumption arising from a certain state of facts, unless a conclusive presumption arises, is a charge on the weight of evidence.</p>