Terk v. Deaton

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is an appeal from the overruling of the Defendant David B. Terk’s plea of privilege in a malicious prosecution suit brought by Plaintiff Jon Grady Deaton. The questions discussed on appeal are the proof of want of probable cause and of malice, and the making of a full and complete statement of facts to the prosecuting attorney in good faith. We reverse the judgment of the trial Court.

Jon Grady Deaton and Kathleen Deaton filed this suit in Winkler County against David B. Terk and Terk Distributing Company alleging malicious prosecution and, in the…