Day Realty Associates, Inc. v. McMillan

Undercofler, Justice.

We granted cert. in this case to answer the question: “Is a jury question presented in an action for malicious prosecution where the defendant obtains an arrest warrant for theft by taking of several items and the evidence, as a matter of law, supports a finding of probable cause for some items, but not for all of them?” We answer in the negative and reverse that part of the Court of Appeals opinion which holds otherwise. McMillan v. Day Realty Associates, 156 Ga. App. 660 (275 SE2d 352) (1980).

The applicable law and facts are amply and correctly set out in the Court of…