Godwin v. Gibson's Products Co. of Albany, Inc.

The trial court considered this case on the basis of whether or not the alleged false imprisonment had merged into Count 2, alleging malicious prosecution. However, the majority opinion has decided the case on whether or not there was probable cause for the seizure of the boy for shoplifting under Code Ann. § 105-1005 (Ga. L. 1958, p. 693) and has decided that the evidence on summary judgment demanded a finding in favor of the defendant store. To this I cannot agree. If this were the law, I would enter every store in fear of arrest, since it would be dangerous to remove any article from a…