62.010 Malicious Prosecution; Generally

62.010 Malicious Prosecution; Generally A criminal prosecution, maliciously carried on and without any probable cause that which damages the person prosecuted shall give that person a cause of action. O.C.G.A. §51-7-40 Whether there was probable cause is for you to decide. Lack of probable cause shall exist when the circumstances are such that a reasonable person would believe that the accuser had no reason for proceeding except the desire to injure the person accused. O.C.G.A. §51-7-43 (Note: Want of probable cause is a question for the jury, but when the material facts are not in dispute, the existence of probable cause for the prosecution is a question of law for determination by the court.) Williamson v. Alderman, 148 Ga. App. 297, 298(1) (1978) Probable cause exists when the facts and circumstances are such as would cause a reasonable mind acting on the facts known to the prosecutor to believe that the person charged was guilty of the crime for which he/she was prosecuted. Tanner-Brice Co. v. Barrs, 55 Ga. App. 453 (1937) Barber v. Addis, 113 Ga. App. 806, 807 (1966) West v. Baumgartner, 228 Ga. 671 (1972) Smith v. Ragan, 140 Ga. App. 33 (1976)