12 Ala. 264
Decided June 15, 1847
Supreme Court of Alabama · decided 1847-06-15
Writ of Error to the Circuit Court of Henry. Ation on the case, by Ward against Whitehurst,' for a malicious prosecution, in charging the plaintiff with the crime of larceny by suing out a warrant without reasonable or probable cause. The defendant pleaded — L Not guilty. 2. If Any warrant was sued out, it was from probable cause.' At the trial, the defendant introduced evidence tending to prove — 1. Justification. 2. Probable cause.
Cited by 2 later decisions — most recently April 1907
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1847-06-15
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¶1The en'or in this case is clear. The want of probable cause is the essential ingredient in a malicious prosecution, and if the fact is in accordance with the charge, or if the prosecutor had probable cause to believe it to be so, this is a sufficient answer to the action. To this effect are all the text books and decided cases. [3 Steph. Ni. Pri. 2278, and cases there cited.]
¶2Judgment reversed and cause remanded.