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, § 2925; Code 1868, § 2932; Code 1873, § 2983; Code 1882, § 2983; Civil Code 1895, § 3844; Civil Code 1910, § 4440; Code 1933, § 105-802.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Malicious Prosecution, § 50 et seq.
C.J.S.- 54 C.J.S., Malicious Prosecution, § 29 et seq.
ALR.
- Institution of prosecution on false information without investigation as showing lack of probable cause, 5 A.L.R. 1688.
Malicious prosecution: acting on advice of justice of the peace, magistrate, or layman, 12 A.L.R. 1230.
Acquittal, discharge, or discontinuance as evidence of want of probable cause in action for malicious prosecution, 24 A.L.R. 261; 59 A.L.R.2d 1413.
Malicious prosecution: may prosecutor avoid liability on the ground of probable cause or absence of malice, despite the fact that his motive was to collect debt, enforce claim for damages, or recover property, 139 A.L.R. 1088.
Malicious prosecution: possession of stolen property as probable cause, 172 A.L.R. 1340.
Reliance on advice of prosecution attorney as defense to malicious prosecution action, 10 A.L.R.2d 1215.
Necessity and sufficiency of allegations in complaint for malicious prosecution or tort action analogous thereto that defendant or defendants acted without probable cause, 14 A.L.R.2d 264.
Judgment in prior civil proceedings adverse to instant plaintiff in malicious prosecution as evidence of probable cause, 58 A.L.R.2d 1422.
Malicious prosecution: commitment, binding over, or holding for trial by examining magistrate or commissioner as evidence of probable cause, 68 A.L.R.2d 1168.
Conclusiveness, as evidence of probable cause in malicious prosecution action, of conviction as affected by the fact that it was reversed or set aside, 86 A.L.R.2d 1090.
Probable cause or want thereof, in malicious prosecution action, as question of law for court or of fact for jury, 87 A.L.R.2d 183.
Malicious prosecution: effect of grand jury indictment on issue of probable cause, 28 A.L.R.3d 748.
Confession as defense in action for malicious prosecution, 66 A.L.R.3d 95.
Malicious prosecution: defense of acting on advice of justice of the peace, magistrate, or lay person, 48 A.L.R.4th 250.