Moran Utilities Company v. JW CHILDS

PARKER, Justice.

The opinion and judgment rendered in this eause on the 20th of May, 1965, are withdrawn and this opinion will be substituted for the original. Judgment is rendered as hereinafter set forth.

This is a malicious prosecution case tried before a jury. Appellee J. W. Childs recovered judgment against Moran Utilities Company for $5500.00 upon allegations that the appellant had maliciously prosecuted him for the offense of stealing natural gas. Hereinafter J. W. Childs will be called appellee and Moran Utilities Company will be called appellant.

At the time the complaint was filed with…