For consideration of the existence of probable cause, the evidence given during the criminal prosecution by the person accused of the malicious prosecution may be submitted to the jury by either party. The credibility of such evidence shall be determined by the jury.
(Orig. Code 1863, § 2926; Code 1868, § 2933; Code 1873, § 2984; Code 1882, § 2984; Civil Code 1895, § 3845; Civil Code 1910, § 4441; Code 1933, § 105-803.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Malicious Prosecution, § 139 et seq.
C.J.S.- 54 C.J.S., Malicious Prosecution, § 29 et seq.
ALR.
- Admissibility in action for malicious prosecution of zeal and activity by defendant in pushing prosecution, 49 A.L.R. 265.
Status, character, competency, or personal interest of attorney as affecting rule regarding advice of counsel in action for malicious prosecution, 81 A.L.R. 516.
Malicious prosecution: possession of stolen property as probable cause, 172 A.L.R. 1340.
Probable cause or want thereof, in malicious prosecution action, as question of law for court or of fact for jury, 87 A.L.R.2d 183.