Section 51-7-45. Evidence in determination of probable cause  


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  •    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.