Borg v. Bringhurst
Borg v. Bringhurst
Opinion of the Court
The defendant was fire marshal of the city of. Seattle, and, as such, investigated a fire on the premises occupied by the mother of the appellant husband. In this investigation he was assisted by two detectives from the police department, and, at the conclusion of the investigation, the matters discovered were laid before the prosecuting attorney of King county, who directed that a complaint be made against the appellant wife, charging her with the crime of arson. Later the complaint was dismissed by the examining magistrate, and this action was then commenced against the fire marshal to recover damages for malicious prosecution and false imprisonment. At the conclusion of the trial in the superior court, the defendant moved for a directed verdict, which was granted. The complaint, after alleging that the charge of arson was wholly untrue, and was wickedly and maliciously laid against the plaintiff;, alleged “that the charge was dismissed by the prosecuting attorney of King county before the trial and pending the hearing, because there was no evidence to sustain the charge, and upon motion and suggestion of the prosecuting attorney, the justice of the peace entered his order of dismissal of the charge.” A motion having been made against this portion of the complaint, it was stricken.
The other alleged error related to the granting of respondent’s motion for a directed verdict. Probable cause can be shown by proof that the defendant made a full and true statement to the prosecuting attorney, who directed the filing of the complaint, and this defense may be shown under a general denial. Kellogg v. Scheuerman, 18 Wash. 293, 51 Pac. 344, 52 Pac. 237. In this case the evidence shows that the defendant made a full and frank disclosure to the prosecuting attorney of all the evidence which he had been able to gather through his personal investigation and through the investigation of the detectives who were assisting him. It is true that a great
Judgment affirmed.
Chadwick, C. J., Tolman, Main, and Mitchell, JJ., concur.
Reference
- Full Case Name
- Raymond Borg v. H. W. Bringhurst
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Malicious Prosecution (14-1)—Evidence—Admissibility—Rea-son for Dismissal. In an action for malicious prosecution, the plaintiff, in making a prima facie case by proof of dismissal of the criminal charge, is not entitled to show the reason for the dismissal by the examining magistrate. Trial (24)—Reception of Evidence—Cumulative Evidence. It is not error to exclude a certified copy of a judgment of dismissal which would only have been cumulative evidence of an admitted fact. Malicious ’Prosecution (14)—-Probable Cause—Admissibility. In an action for malicious prosecution, under a general denial the defendant may show probable cause by proof of a full and true disclosure to the prosecuting attorney who directed the filing of the complaint. Same (3, 15)—Probable Cause—Advice of Prosecutor—Evidence —Sufficiency. Probable cause for a criminal prosecution is established as a matter of law, by a full and true disclosure of the facts to the prosecuting attorney who directed institution of the proceedings; and it is immaterial that the evidence was largely hearsay, and insufficient to secure conviction.