Williamson v. Alderman

Banke, Judge.

The appellant, Carl Joe Williamson, filed suit for malicious prosecution against the appellee, Revell McWhorter Alderman. The appellant now appeals the trial judge’s entry of summary judgment for the appellee.

1. In order to recover in a suit for malicious prosecution, the plaintiff must show the presence of malice and prove that, under the facts as they appeared to him after reasonable inquiry, the defendant lacked probable cause for bringing criminal charges against the plaintiff. Code § 105-801; Sanfrantello v. Sears, Roebuck & Co., 118 Ga. App. 205 (163 SE2d 256) (1968).

The…