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DIXON v. S. S. KRESGE, INC.

44163.

119 Ga. App. 776 (1969)

169 S.E.2d 189

DIXON v. S. S. KRESGE, INC.

Court of Appeals of Georgia.

Decided April 25, 1969.

Rehearing Denied June 12, 1969.

Attorney(s) appearing for the Case

E. A. Deal, Robert W. Cagle, for appellant.

Smith, Cohen, Ringel, Kohler, Martin & Lowe, H. A. Stephens, Jr., for appellee.

QUILLIAN, Judge.

Formerly, the rule has been "to sustain an action for false imprisonment it is not necessary to show malice and want of probable cause, but only that the imprisonment was unlawful." Lowe v. Turner, 115 Ga.App. 503, 506 (154 S.E.2d 792). However, Code Ann. § 105-1005 states that where a person reasonably thought to be engaged in shoplifting is detained or arrested, there shall be no recovery in an action for false arrest or imprisonment...

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