Palmer v. Richardson

Citations

• 70 Ill. 544

Syllabus

<p>1. Malicious prosecution—burden of proof. In an action for malicious prosecution for causing the plaintiff’s arrest, the burden of proof is upon him to show clearly, by a preponderance of evidence, that the defendant did not have probable cause to institute the criminal prosecution against him.</p> <p>2. Same—what is probable cause. Probable cause is a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense charged.</p> <p>3. Where a party is arrested on a charge of larceny, and the circumstances are such as to cause a reasonable suspicion of his guilt, a verdict, finding the prosecution to be malicious, will be set aside.</p> <p>4. Same—legal advice, If a party, before commencing a criminal prosecution, makes a full and fair statement of the facts of the case to his legal adviser, with an honest view to learn if they will warrant the prosecution, and is advised by his'attorney that they will, this will go far to show probable cause, and that he acted without malice.</p>