Bi-Lo, Inc. v. Stanciel

Bell, Chief Judge.

This is a suit for malicious prosecution which arose out of defendant’s causing the arrest of plaintiff pursuant to warrant for the crime of issuing and uttering a worthless check. A jury returned a verdict for plaintiff and judgment was entered. Held:

1. The court denied defendant’s motion for directed verdict. The essential elements of this tort are: "A criminal prosecution, maliciously carried on, and without any probable cause, whereby damage ensues to the person prosecuted, shall give him a cause of action.” Code § 105-801. Defendant contends that the evidence demands…