Falkner v. Almon

BROCK, Chief Judge.

To establish a cause of action for malicious prosecution, plaintiff had the burden of proof to show: (1) that defendant instituted or procured the institution of a criminal proceeding against her; (2) that the prosecution of the criminal proceeding against her was without probable cause; (3) that the prosecution was with malice; and (4) that the prosecution was terminated in her favor. Mooney v. Mull, 216 N.C. 410, 5 S.E. 2d 122.

Want of probable cause is a necessary element of malicious prosecution. The question or lack of probable cause must be determined in accordance…