Browning v. Ray

WILLIAMS, Justice.

This is an appeal from a judgment of the lower court sustaining a demurrer to plaintiff’s evidence in an action brought by plaintiff to recover damages for alleged malicious prosecution. On appeal, the parties appear in the same relative position as in the trial court and hereinafter will be referred to as there designated.

The principal question is whether plaintiff’s evidence sufficiently established the necessary elements of malicious prosecution to require the submission to the jury of the alleged cause of action.

In July, 1963, plaintiff, a resident of Oklahoma County,…