Bumphus v. Smith

HOOD, Chief Judge.

Summary judgment was granted against appellant in his action for malicious prosecution, and he has appealed. The undisputed facts disclosed by the pleadings and exhibits are as follows.

Appellee, a police officer, halted appellant’s automobile and issued him a traffic violation notice for failure to yield the right of way to a pedestrian. An information was issued by the Corporation Counsel and after a trial appellant was found guilty and sentenced to pay $5 or serve three days. He filed a motion for new trial which was granted. Thereafter the case was continued four times. 1…