Tyler v. Upchurch

(After stating the foregoing facts.) While the dismissal of a criminal warrant by a municipal-court judge after a hearing thereon does not necessarily and in every case amount to an ending or an abandonment of the prosecution, so as to furnish the necessary-ground for a suit by the defendant for malicious prosecution, since the prosecutor may pursue the prosecution further (Hartshorn v. Smith, 104 Ga. 235, 30 S. E. 666), and while in a suit against the-prosecutor for malicious prosecution an allegation that the criminal warrant upon which the prosecution was instituted was dismissed by the…