Schubkegel v. Gordino

This action is one for malicious prosecution growing out of the dismissal, because of insufficiency of the evidence, of a complaint signed by defendant charg*669ing the plaintiff with defrauding an innkeeper as defined in section 537 of the Penal Code. The jury brought'in a verdict of $5,000 upon which judgment was entered. Defendant appeals from that judgment, contending that there is no evidence of lack of probable cause and malice sufficient to sustain the judgment, that certain evidence was prejudically excluded by the trial court, that certain instructions given were prejudicially erroneous,…