 | Francis Hilliard - 1859 - 594 pages
...lead a man of ordinary caution and prudence, acting impartially, reasonably, and without prejudice, to believe, or entertain an honest and strong suspicion, that the person accused is guilty.' And it has been held not sufficient to establish the want of probable cause, that... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 716 pages
...prosecution is such a state of facts in the mind of the prosecutor as would lead a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion, that the person accused is guilty. 4c 217 |168 33S 4c 2171 69 32 4c t173 182 '219 4c 191 217 '508 Bacon r. Towne &... | |
 | John Innes Clark Hare - 1871 - 952 pages
..."(2) ["A state of facts" said Shaw, CJ, in a third court,(3) " as would lead a man of ordinary cnution and prudence to believe or entertain an honest and strong suspicion that the person is guilty."] The question of probable cause does not turn upon the actual innocence or guilt of the accused, but... | |
 | Melville Madison Bigelow - 1875 - 830 pages
...Shaw, CJ, said that probable cause meant such a state of facts as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion that the accused is guilty. In Barron ». Mason, 31 Vt. 189, 197, Redfield, CJ, said: "It is not enough to show... | |
 | 1876 - 816 pages
...cause is such a state of facts in tlie mind of the prosecutor as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion that tho person arrested is guilty. It does not depend on the actual state of the case in point of fact,... | |
 | John Townshend - 1877 - 838 pages
...cause is such a state of facts in the mind of the prosecutor as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion that the person arrested is guilty.1 § 426. Formerly the burden was on the defendant to show probable cause.4 Savil... | |
 | Virginia. Supreme Court of Appeals - 1878 - 1044 pages
...conscientiously, impartially, reasonably, and without prejudice, upon the facts within the party's knowledge, to believe or entertain an honest and strong suspicion that the person accused is guilty." 1 Hilliard on Torts, ch. 16, § 18, and cases there cited. I proceed to inquire... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1881 - 712 pages
...being, "such a state of facts in the mind of the prosecutor as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion that the person arrested is guilty." And proof that such facts and circumstances did not exist, though negative in... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1882 - 886 pages
...cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty." Again he says : "Probable cause does not depend on the actual state of the case... | |
 | Simon Greenleaf, Simon Greenleaf Croswell - 1883 - 784 pages
...cause is such a state of facts, in the mind of the prosecutor, as would lend a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion, that the person arrested is guilty. By Shaw, CJ, in Bacon r. Towne, 4 Cush. (Mass.) 238 ; McGurn v. Brackett, 33 Me.... | |
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Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty. 
