Radcliffe v. Hollyfield

Citations

• 216 Pa. 367
• 65 A. 789
• 1907 Pa. LEXIS 821

Syllabus

<p>Malicious prosecution — Charge—Cuilt or innocence of plaintiff.</p> <p>On the trial of an action for malicious prosecution, it is reversible error for the court to charge in such a way that the jury may be led. to believe that the crucial test of the plaintiff’s right to recover was his guilt or innocence; and this is the case although the court may have correctly stated the law in other parts of the charge, and the language, complained of was an inadvertence.</p> <p>Malicious prosecution — Advice of counsel.</p> <p>The advice of counsel operates as a defense in an action for malicious prosecution only when sought in good faith and founded on a complete and accurate statement of all the facts within the knowledge of the prosecutor.</p>