129 Ga. 403 | Ga. | 1907
(After stating the facts.)
We think the errors.above referred to are such as to require .a reversal of the judgment, in order that the defendant may receive the full benefit of his plea of privilege. If, on another trial,’ it should appear that the defendant had probable cause - to institute a prosecution of Powell for perjury, and what he said in reference to his testimony at the trial in the justice’s court was said in good faith and without malice and to proper persons, at proper times and places, he would be entitled to a verdict in his favor. On the other hand, if it should appear that he was animated by malice in his statements, the plaintiff would be entitled to recover. There are assignments of error upon the charge other than those that have been commented upon, but we do not consider it necessary to discuss them in detail. From what has been said it can be readily seen whether any of these instructions will be appropriate to the case on another trial.
Judgment reversed.