Dowell v. McKinnon

OPINION

CANTRELL, Judge.

This is an action for malicious prosecution. The trial judge held that the defendants had probable cause to initiate the criminal prosecution against the plaintiff and granted the defendants’ motion for summary judgment.

On July 10,1986, Henry E. McKinnon, an employee of B & G Wholesalers, Inc., procured a warrant for the arrest of Michael D. Dowell (who was also a B & G employee) on a charge of grand larceny. The affidavit in the warrant averred that, on June 23, 1986, Mr. Dowell did “steal, take and carry away [a] quantity of cognac, 4½ cases of the value of appr.…