Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause shall be a question for the jury, under the direction of the court.
History. Orig. Code 1863, § 2925; Code 1868, § 2932; Code 1873, § 2983; Code 1882, § 2983; Civil Code 1895, § 3844; Civil Code 1910, § 4440; Code 1933, § 105-802.
Structure Georgia Code
Chapter 7 - False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation
Article 3 - Malicious Prosecution
§ 51-7-40. Right of Action for Malicious Prosecution
§ 51-7-41. Accrual of Right of Action
§ 51-7-42. Inquiry Before Committing Court or Magistrate as Prosecution
§ 51-7-43. Lack of Probable Cause Defined; Question for Jury
§ 51-7-44. Inference of Malice From Lack of Probable Cause; Rebuttal of Inference