Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause shall be a question for the jury, under the direction of the court.
(Orig. Code 1863, § 2937; Code 1868, § 2944; Code 1873, § 2995; Code 1882, § 2995; Civil Code 1895, § 3856; Civil Code 1910, § 4452; Code 1933, § 105-1003.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Malicious Prosecution, § 50 et seq.
10A Am. Jur. Pleading and Practice Forms, False Imprisonment, § 64.
C.J.S.- 54 C.J.S., Malicious Prosecution, § 29 et seq.
ALR.- Pleading good faith or lack of malice in mitigation of damages in action for false arrest or imprisonment, 49 A.L.R.2d 1460.
Defendant's state of mind necessary or sufficient to warrant award of punitive damages in action for false arrest or imprisonment, 93 A.L.R.3d 1109.