utes, made severely penal. Jacob.—Malicionus. prosecution. A judicial proceeding instituted against a person out of the prosecutor’s malice and ill will, with the intention of injuring him, without probable cause to sustain it, the pro cess and proceedings being regular and formal, but not justified by the facts. For this injury - an action on the case lies, called the “action of malicious prosecution.” Hicks v. Brantley