Gilstrap v. Gann

Bell, Judge.

In order to maintain an action for malicious prosecution, five elements must be alleged, all of which are necessary for a statement of a cause of action. These are: (1) that the offense charged was a criminal prosecution; (2) that the criminal prosecution was carried on maliciously by the defendant; (3) that the criminal prosecution was finally terminated legally in favor of the plaintiff; (4) that the criminal prosecution was carried on by the defendant without any probable cause; and (5) that as a result of the criminal prosecution damage ensued to the plaintiff. Hight v.…