Powell v. Cohen

Deen, Judge.

A cause of action for malicious prosecution is set out where it is shown: “(1) that the offense charged was a criminal prosecution; (2) that the criminal prosecution was carried on maliciously by the defendant; (3) that the criminal prosecution was finally terminated legally in favor of the plaintiff; (4) that the criminal prosecution was carried on by the defendant without any probable cause; and (5) that as a result of the criminal prosecution by the defendant damage ensued to the plaintiff. Cary v. Highland Bakery, 50 Ga. App. 553 (179 SE 197); Henderson v. Francis, 75 Ga. 178…