Tucker v. Bartlett

Citations

• 97 Kan. 163
• 155 P. 1
• 1916 Kan. LEXIS 252

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Malicious Prosecution. — Discharge on Preliminary Examination— Want of Probable Cause. In an action for malicious prosecution the fact that the plaintiff, having been accused of a felony, was discharged upon a preliminary examination before a justice of the peace, may constitute prima facie evidence of a want of probable cause for his arrest.</p> <p>2. Same — Cause Properly Submitted to Jury. The evidence held sufficient to warrant submitting the case to the jury.</p> <p>3. Same — Belief that Probable Cause Existed Not Sufficient. The fact that one who caused the arrest of another upon a criminal charge • believed that probable cause existed therefor does not necessarily exempt him from liability for malicious prosecution.</p> <p>4. Same — In order for a prosecution to be malicious it is not essential that the instigator should have known his act to be illegal.</p> <p>5. Same — Probable Cause — Instructions Not Prejudicially Erroneous. An instruction implying that what constitutes probable cause is a question of fact held not to be a ground of reversal, because accompanied by a full statement of the facts necessary to be shown in the particular case in order to justify a finding on the subject.</p>