Section 3.7 Convictions

• Library: Tort Law 2016

(1) (§3.7) Convictions

A conviction of the malicious prosecution plaintiff in the circuit court creates a presumption that there was probable cause for the initiation of the criminal charge. This presumption is rebuttable by proof that the conviction was procured by false or fraudulent testimony. State ex rel. Police Ret. Sys. of St. Louis v. Mummert, 875 S.W.2d 553, 555 (Mo. banc 1994). This general rule applies even if the conviction is subsequently reversed on appeal. Euge v. Bank of St. Louis, 567 S.W.2d 409, 411 (Mo. App. E.D. 1978).

In Mummert, 875 S.W.2d 553, the...