§ 53.39

Any person who falsely prosecutes another for any criminal charge, without probable cause and with malicious intent unjustly to vex and trouble him, shall be fined not more than one hundred dollars or imprisoned not more than one year.(1949 Rev., S. 8378.)A conviction in a lower court, although reversed on appeal, is conclusive evidence of probable cause unless plaintiff can establish that his conviction was obtained by fraud, perjury or other corrupt means. 147 C. 704. Cited. 224 C. 29.