Bannon v. McDonald

Opinion op the Court by

Judge Stites

Reversing.

Appellant, M. J. Bannon, brought this action against appellee, A. P. McDonald, for alleged malicious prosecution. A demurrer was sustained to his petition as amended, he thereupon declined to plead further, the petition was dismissed, and this appeal followed.

In substance, the petition alleged that appellee appeared before the grand jury of Jefferson county in April, 1935, and then and there, without probable cause, falsely and maliciously made oath before the grand jury, and charged appellant and two others with the crime of confederating together…