Macdonald v. Schroeder

Citations

• 28 Pa. Super. 128
• 1905 Pa. Super. LEXIS 151

Syllabus

<p>Malicious prosecution — Probable cause — Malice—Conviction—Reversal of conviction.</p> <p>In an action for malicious prosecution the presence or absence of probable cause is to be determined from the circumstances appearing when the prosecution is begun, and not from the whole case as developed on trial. If these circumstances present such an appearance of guilt as naturally to induce its belief in the mind of a reasonably prudent man, it is such probable cause as the law requires for his justification, even though the appearance prove deceptive or the circumstances are misapprehended. The mere belief of the prosecutor, however, is not of itself sufficient, it must be founded on reasonable grounds, and not be due to credulity, or to a bias that takes into account only a preconceived theory of guilt.</p> <p>The inference of malice is rebutted if it appears that the prosecutor consulted counsel, and upon his advice commenced the prosecution. But such consultation must be in good faith, and not colorable; it must be an honest effort to ascertain whether a prosecution is warranted, and not an attempt to evade responsibility for an unfounded prosecution through the form of consultation without its substance. All the circumstances known to the prosecutor must be laid before his counsel, without addition, suppression or distortion; and if the latter, upon his professional responsibility, advises that they are sufficient, even if he errs in judgment, no action will lie for a prosecution thus undertaken.</p> <p>If the prosecution results in a conviction, in a court having jurisdiction of the matter charged, this is evidence of the existence of probable cause; and the force of this evidence is not weakened by the fact that the verdict was set aside and a new trial granted, and that when the case was again^ called for trial no evidence was offered on the part of the Commonwealth and the jury rendered a verdict of not guilty. In such a case it is immaterial that in the actio