Ball

Action against the defendant for a malicious prosecution in causing the arrest of the plaintiff upon a criminal charge.

At the request of the defendant, the court instructed the jury: “ If the jury believe from the evidence that the defendant had probable cause to believe that the plaintiff was guilty of the offense charged against him, then it is not material whether the defendant was actuated by proper motives or improper motives in instituting the criminal proceedings against the plaintiff. To authorize a recovery in this class of cases, it must appear that the defendant was actuated by malice, but the jury must further believe from the testimony that the defendant had no probable cause or no reasonable ground to believe that the plaintiff was guilty of the offense charged against *226 him; and the court further instructs the jury that probable cause means reasonable ground of suspicion, supported by circumstances in themselves sufficiently strong to warrant a reasonably cautious man in the be-that the person accused is guilty of the offense charged.”

■“% instruct you, that to entitle the plaintiff to recover, you must find from the evidence that the prosecution complained of…