Prima Facie Fraud

January 16, 2014

  • 249 Malicious Prosecution
  • 249II Want of Probable Cause
  • 249k17 Criminal Prosecutions
  • 249k20 k. Belief in Guilt of Accused.

249 Malicious ProsecutionPrima facie, a “magic healer,” who takes the money of the sick, is engaged in a fraudulent practice, and one who in good faith prosecutes him for practicing medicine without a license in violation of Pol.Code 1895, §§ 1477-1491, defining and regulating the practice of medicine, is not liable for malicious prosecution, notwithstanding such sections do not extend to the practice of a “magic healer.”

Bennett v. Ware, 61 S.E. 546, (Ga. Ct. App. 1908)

Suggested by Stephen W. Brown, Attorney; Bouhan Falligant, LLP; Savannah, Ga.