Thompson v. Force

Citations

• 65 Ill. 370

Syllabus

<p>1. Malicious prosecution—malice inferred from want of probable cause. Where the defendant commenced a criminal prosecution of the plaintiff for a breach of the peace in a distant town from that in which the plaintiff resided, in which she appeared and gave bail, but she was finally discharged, and where the whole record in a suit by the plaintiff for malicious prosecution showed there was no probable cause: Held, from the fact of there being no probable cause, that malioe might be inferred.</p> <p>3. Instructions—lengthy and argumentative. It is not error to refuse an instruction, although it contains some good law, where it is of great length, and is rather an argument of counsel on the whole case than an instruction.</p> <p>3. Error—not always a ground for reversal. Although there may be some inaccuracies in the instructions, yet if, upon the whole, the case was fairly put to the jury, and this court can see that if the cause was submit, ted to another jury the same or a larger verdict would be the result, it will not reverse the judgment on the appeal of the defendant.</p>