Can malice be presumed if there is no probable cause for the prosecution?
The following excerpt is from Halsey v. New York Soc. for Suppression of Vice, 136 N.E. 219, 234 N.Y. 1 (N.Y. 1922):
[7] We have examined various other questions called to our attention. The jury was told that malice was to be presumed if there was no probable cause for the prosecution. This is not an accurate statement of the law. Under such circumstances malice may be presumed. It is not an inference which the jury is required to draw. Stewart v. Sonneborn, 98 U. S. 187, 193, 25 L. Ed. 116. The attention of the trial judge, however, was not called to this error by any exception. Nor do other exceptions as to the exclusion of evidence and as to the refusal of various requests to charge justify a reversal of the judgment appealed from.
The judgment must therefore be affirmed, with costs.
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