Bowen v. Tascoe

In this action the appellee obtained a judgment against the appellant in a suit for malicious prosecution. Several instructions were given to the jury by the Court; but our attention will in the first instance be directed to a prayer of the defendant which the Court rejected. We will state it: *498“The defendant prays the Court to instruct the jury that there is no evidence of malice or want of probable cause as against the defendant for the alleged malicious prosecution, and that therefore the plaintiff is not entitled to recover.” It was necessary for the plaintiff to prove that the defendant…