Noell v. Angle

In this malicious prosecution case, we consider the subject of probable cause and whether the defense of advice of counsel was established as a matter of law.

The plaintiff below, appellant Virgil G. Noell, Jr., sued appellees Gene T. Angle, T. D. Board, and Russell M. Dyer for compensatory and punitive damages, which plaintiff claimed resulted from his wrongful arrest on a charge of feloniously attempting to break and enter Angle’s residence in Franklin County on March 15, 1974. The defendants, sued in their individual capacities', were deputy sheriffs of the county.

At the conclusion of all…