Gattshall v. Sizemore

OPINION

By the Court,

Badt, J.:

This is an appeal from a judgment for plaintiff for damages for defendant’s malicious prosecution of him on a charge of burglary. The main question presented is whether the evidence supports the trial court’s finding of lack of probable cause and its inference of malice.

On Gattshall’s criminal complaint Sizemore was arrested on a warrant charging him with first degree burglary of Gattshall’s premises near Fallon, Churchill County, Nevada, and stealing therefrom a saddle and other personal property. At the preliminary hearing Sizemore was dismissed. Thereafter he…