Lester v. Millman

Citations

• 107 Wash. 300
• 181 P. 878
• 1919 Wash. LEXIS 750

Syllabus

<p>Malicious Prosecution (3, 17-1)—Probable Cause—Advice of Attorney—Question for Jury. In an action for malicious prosecution, whether defendant made a full and fair statement of facts to the prosecuting attorney, is a question for the jury, where it appears that his criminal prosecution of plaintiff for larceny rested largely upon autpmohile tracks leading between their homes, alleged to have made at 2 a. m.; and, according to plaintiff’s testimony, when charged with the theft he offered to show defendant that such tracks must have been made before 11:30 p. m., since they were crossed by a motorcycle at that time; the defendant not having disclosed such fact to the prosecutor.</p>