Leggett (P) sought damages for malicious prosecution in that Montgomery Ward (D) filed criminal charges of embezzlement against P with the justice of the peace. P was arrested and required to post bail and waived preliminary hearing and proceeded to trial and was tried on the charge and acquitted. D moved for dismissal based on the fact that P waived a preliminary hearing and that such a waiver was prima facie evidence of probable cause to believe that P was guilty of the offense. The court dismissed the action and P appealed.

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