BELL, Judge.
In order to maintain an action for malicious prosecution, five elements must be alleged, all of which are necessary for a statement of a cause of action. These are: (1) that the offense charged was a criminal prosecution; (2) that the criminal prosecution was carried on maliciously by the defendant; (3) that the criminal prosecution was finally terminated legally in favor of the plaintiff; (4) that the criminal prosecution was carried on by the defendant...
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