Davis v. Muse

Two Baltimore City police officers challenge on this appeal a jury award of $10,000 damages against them in an action for assault and battery and malicious prosecution arising out of their arrest of appellee early on a summer morning in 1976, after a birthday party.* 1 We find reversible error in the trial court’s refusal to include malice in its instructions on assault and battery.

I

Appellants, William Countess and Kevin Davis, defendants below, responded to a call to investigate an altercation at a private home in the City of Baltimore on August 10, 1976, between 4:00 and 5:00 a.m. They…