Gwaltney v. State

Citations

• 111 Miss. 507
• 71 So. 805

Syllabus

<p>Malicious Pkosecution. Want of probable cause.</p> <p>In a suit for'malicious prosecution against a town marshal, where the evidence clearly showed that defendant was an officer of the law and charged'With the enforcement of the law; that complaint,, had been made to him by a responsible citizen that a screen door had been recently stolen; that a door in plaintiff’s possession was identified as the door stolen and defendant had been informed that just after the door was missing the plaintiff had been seen walking down the street from the direction of the place where the door was stolen with a door of the same description that he carried to his own shop. In such case a peremptory instruction should have been given for the defendant:</p>