Bealmear V. Southern California Edison Co‪.‬

GIBSON, C.J. This is an appeal from a judgment entered upon the granting of defendants' motion for nonsuit made at the close of the plaintiff's opening statement in an action for malicious prosecution. At the beginning of the trial, plaintiff stated he would prove the following facts: On May 14, 1938, plaintiff was arrested on a complaint filed by defendant Southern California Edison Company Ltd. which charged him with violating section 499a of the Penal Code by making or causing a connection to be made with an electric wire operated by the company, and using or causing such connection to be used in such manner as to consume electric current which did not pass through a meter for measuring and registering the same. Plaintiff was tried on this charge before a jury in the justice's court and found guilty. On appeal the judgment of conviction was reversed and the cause remanded for new trial. Thereafter the complaint was dismissed at the request of the district attorney and an amended complaint was filed which, in addition to repeating the averments contained in the original complaint, charged plaintiff with further violating section 499a by altering and procuring to be injured and altered an electric meter and using or causing the same to be used. Plaintiff was rearrested and again tried before a jury in the justice's court and upon plaintiff's motion a dismissal was entered because of "insufficiency of evidence to establish the charge." Plaintiff was thereupon discharged and no further criminal proceedings were taken against him.