Earlywine v. Strickland

Webb, Judge.

An action for malicious prosecution instituted within six months from the entry of nolle prosequi of a criminal prosecution, upon which the action was predicated, is premature and dismissal was proper.

One of the five essential elements for a cause of action for malicious prosecution is "that the criminal prosecution was finally terminated legally in favor of the plaintiff.” Powell v. Cohen, 116 Ga. App. 48, 50 (156 SE2d 495) (1967). "The prosecution must be ended before the right of action accrues.” Code Ann. § 105-806.

Submitted March 7, 1978 Decided April 6, 1978. David S.…