#COBLYN V KENNEDY INC TRIAL#

The case was tried again before a judge and jury of the Superior Court and resulted in a verdict for the plaintiff on the malicious prosecution count and a verdict for the defendant on the slander count.

#COBLYN V KENNEDY INC TRIAL#

The Supreme Judicial Court, in sustaining the defendant's exceptions, ruled that the trial judge erred in excluding from evidence a typewritten confession made by the plaintiff on July 8, 1964, before the criminal complaints were signed.

The case was first tried before a Superior Court judge and jury and resulted in verdicts for the plaintiff on the counts for malicious prosecution and for slander. The libel count was waived in open court during the first trial of this case. In this action of tort the plaintiff's declaration is in three counts, one each for malicious prosecution, libel, and slander.

The action was transferred to this court by the Supreme Judicial Court. 532, a second trial of the action was before Chmielinski, J. Writ in the Superior Court dated October 22, 1964.įollowing the decision of the Supreme Judicial Court reported in 355 Mass. Plaintiff did not dispute was genuine and voluntarily and intelligently On a written confession of the larceny by the plaintiff which the Have been ordered in that probable cause for the prosecution wasĮstablished as matter of law where it appeared that in instituting andĬonducting the prosecution an agent of the defendant reasonably relied Larceny of which he was acquitted, a verdict for the defendant should

In an action for malicious prosecution of the plaintiff upon a charge of 341 MaJMiddlesex County Present: HALE, C.J., GOODMAN, & GRANT, JJ.

Coblyn v kennedy inc