Opinion
02-26-1813
Crabtree v. Horton
Argued February 24, 1813
In an action on the case for a malicious prosecution for theft of a mare, the defendant pleaded, " that he was well justified, and had sufficient grounds of suspicion, because the plaintiff took and led away the mare, mentioned in the plaintiff's declaration, from the defendant's plantation, in the absence of the defendant, and concealed her, the said mare, and this he was ready to verify." Issue was joined; and, a jury being impanelled, the whole of the evidence on both sides was stated in a bill of exceptions; the counsel for the defendant having " moved the court, that the question of what shall be deemed probable cause, is a matter for the court to decide, and not the jury; --which the court so decided; --and, also, that in the prosecution by the defendant against the plaintiff, probable cause for the said prosecution was proved to have existed at the time the said prosecution was instituted:" --to which opinion of the court, the plaintiff, by his counsel, excepted.
Verdict and judgment for the defendant; from which the plaintiff appealed.
Judgment reversed, and new trial awarded.
The president pronounced the opinion of this court.
OPINION
Friday, February 26th, 1813. The president pronounced the opinion of this court, that the court below invaded the province of the jury, in relation to the weight of the testimony, and the credibility of the witnesses, in having decided that, in this case, probable cause was proved to exist, at the time the appellee commenced the prosecution in the declaration mentioned, without having the facts, on which such question depended, agreed by the pleadings, or submitted to the court by the parties or the jury.
Judgment reversed, and new trial awarded.