Allen v. Montgomery Ward & Co.

Birdsong, Chief Judge.

This is an appeal from an order of the superior court granting appellee/defendant’s motion for summary judgment in a suit for malicious prosecution.

Appellant/plaintiff was prosecuted in state court for the offense of shoplifting. She pled not guilty to the accusation and contested the State’s version of the facts. Her motion for a directed verdict of acquittal was denied by the trial judge; however, the jury subsequently acquitted the appellant/plaintiff. Thereafter, appellant/plaintiff initiated suit against the appellee/defendant for malicious prosecution. The…