Tate v. Connel

MOLLOY, Judge.

This is an appeal from a judgment rendered in a malicious prosecution action granting relief to the plaintiff in the sum of $1,000.

On September 4, 1962, the defendant, Lucille Tate, had signed a blank form denominated “Criminal Complaint” in the Justice Court of Precinct No. 2, Cochise County, State of Arizona, after having previously consulted on this same day with Dale Fenter, deputy county attorney of Cochise County. There was an understanding between the justice of the peace and the defendant that, upon a telephone call from the defendant, this complaint would be activated…