McCoy v. Kalbach

Citations

• 51 Pa. Super. 364
• 1912 Pa. Super. LEXIS 227

Syllabus

<p>Malicious prosecution — Probable cause — Jurisdiction—Conflict of laws.</p> <p>In an action for malicious prosecution where the plaintiff shows that he was arrested at the instance of the defendant for larceny, and the bill of indictment was ignored by the grand jury the defendant in order to establish probable cause, may show that he had a reasonable right to believe that plaintiff had stolen defendant's mule team and wagon in Maryland and, at the time of the arrest was bringing them clandestinely by night into Pennsylvania. In such a case the defendant was not obliged to determine before he caused the arrest whether or not the courts of Pennsylvania had jurisdiction over the offense.</p>