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WILBORN v. ELLIOTT

57389.

149 Ga. App. 541 (1979)

254 S.E.2d 755

WILBORN v. ELLIOTT et al.

Court of Appeals of Georgia.

Decided March 16, 1979.

Rehearing Denied March 30, 1979.

Attorney(s) appearing for the Case

Ham, Mills & Freeman, W. Franklin Freeman, Jr., for appellant.

Charles B. Haygood, Jones, Cork, Miller & Benton, H. Jerome Strickland, for appellees.

DEEN, Chief Judge.

1. To sustain an action for malicious prosecution, the burden is on the plaintiff to prove that the prosecution was for a criminal offense, under a valid warrant, that it was instituted maliciously and without probable cause, that it terminated in favor of the plaintiff, and that the latter was damaged. Ellis v. Knowles, 90 Ga.App. 40 (81 S.E.2d 884) (1954).

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