MacDonald v. Schroeder

Citations

• 214 Pa. 411
• 63 A. 1024
• 1906 Pa. LEXIS 672

Syllabus

<p>Malicious prosecution — Probable cause — Malice—Reversal of conviction.</p> <p>A verdict of guilty returned by a jury, then set aside by the court, a new trial granted followed by a second trial, and a verdict of not guilty, is not conclusive evidence of probable cause.</p> <p>Where one commences a criminal prosecution for the purpose of compelling his debtor to pay a just debt, it is prima facie evidence of want of probable cause and of malice, and shifts the burden of showing it was not so, on the defendant.</p>