25 N.C. 289 | N.C. | 1843
This is an action on the case against the defendant, for malicious prosecution in issuing a State’s warrant against the plaintiff for larceny. If there was, at the time, probable cause to issue the warrant, in law the plaintiff should not recover. What is probable cause, when the facts are admitted or ascertained, is a pure question of law. But if the circumstances, alleged to shew a probable cause, are disputed, the jury are to decide whether they are true
We are of opinion that there must be a new trial.
Per. Cub-iam. New trial awarded.