Page:06-24-1920 -The Story of the Jones County Calf Case.pdf/27

Johnson v. Miller and others.

(Supreme Court of Iowa. October 15, 1886.)

1. Malicious Prosecution——Probable Cause——Question for Jury.

In an action for malicious prosecution, the question of probable cause is a mixed question of law and fact, and, in a case when the defendants had caused the plaintiff to be indicted for the larceny of certain calves, which they knew had been stolen, and which the plaintiff admitted to them that he had had in his possession the day after the theft, the question whether or not they should have believed his explanation of his possession of the calves was properly submitted to the jury.^[1]

2. Larceny——Possession of Things Stolen.

The possession by a person of stolen property the day after it was taken is prima facie evidence that he stole it, unless he gives a reasonable explanation of how it came into his hands.^[2]

1. See note at end of case. part 1.
2. See note at and of case, part 2.