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.
History. 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.
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