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K-MART CORP. v. COKER

No. S91G0377.

410 S.E.2d 425 (1991)

261 Ga. 745

K-MART CORPORATION v. COKER

Supreme Court of Georgia.

Reconsideration Denied December 18, 1991.

Attorney(s) appearing for the Case

John C. Stivarius, Jr., Chambers, Mabry, McClelland & Brooks, Atlanta, for K-Mart Corp.

D. William Garrett, Jr., Alpharetta, for Coker.

FLETCHER, Justice.

Ira Lynn Coker sued K-Mart Corporation for malicious prosecution after she was acquitted on a shoplifting charge. Following a jury verdict in her favor, the trial judge granted K-Mart a judgment notwithstanding the verdict. The Court of Appeals reversed on the ground that Coker did not have the necessary criminal intent to shoplift and therefore K-Mart lacked probable cause. Coker v. K-Mart Corp., 197 Ga.App. 701

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