Ex Parte Driver

STAKELY, Justice.

J. E. Driver, petitioner here, has an action pending in the Circuit Court of Hale County, Alabama, for damages for his alleged unlawful arrest on the 28th day of January 1950 on a charge of grand larceny. It is alleged in substance that before the commencement of the suit the charge was judicially investigated, the prosecution terminated favorably to the plaintiff and the plaintiff discharged. It is also alleged in substance that the warrant was issued and the arrest was made maliciously and without probable cause. The suit is against J. C. Beech and also against Mrs. Ruby…