Konas v. Red Owl Stores, Inc.

Opinion by

Mr. Justice McWilliams.

Kathryn Konas brought a malicious prosecution action against Red Owl, alleging that she suffered damage as the result of a malicious institution against her by Red Owl of a so-called short check charge (1960 Perm. Supp., C.R.S., § 40-14-20), which criminal proceeding had theretofore culminated in a determination by a jury of her peers that she was not guilty of the offense.

Upon trial of the malicious prosecution action and after Konas had rested her case, Red Owl moved for a directed verdict in its favor on the ground that Konas had failed to establish, prima…