HIGHSMITH v. CONE

STOLZ, Judge.

The plaintiff appeals from a judgment sustaining the defendant's motion to dismiss his complaint for damages based on alleged malicious prosecution. The complaint alleged that the defendant caused a public indecency warrant to be issued against him, which resulted in his arrest and imprisonment; that the warrant was finally disposed of in his favor by being dead docketed; and that the prosecution was carried out without any probable cause. Held:

The case is controlled adversely to the plaintiff by the decision of this court in Courtenay v. Randolph, 125 Ga. App. 581 ( 188 S.E.2d 396).

Judgment affirmed. Bell, C. J., and Clark, J., concur.