Simpson ex rel. Simpson v. Revco Drug Centers of Missouri, Inc.

I concur in the decision by the majority to reverse the judgment rendered for respondent on Count II of her complaint for malicious prosecution, but I respectfully dissent from the decision to affirm respondent’s judgment on Count I laid on grounds of false arrest. As will hereafter appear, the basis for my view that the judgment must be reversed and the cause remanded for a new trial in its entirety applies with equal persuasion to both counts.

It should be noted as a prelude to this discussion that the trial error in point, the admission of arrest records of appellant’s principal witness,…