CATES, Judge.
The appellant (C. R. Crim) was the losing defendant in an action brought against him by a relative by marriage, Mrs. R. D. Crim, which arose out of an alleged malicious prosecution in a case in the County Court of Shelby County in which he swore out a warrant against her for a violation of Code 1940, T. 3, § 95. This statute reads, in pertinent part, as follows:
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