sentences:  Given that probable cause was not established, sufficient evidence of malice was found upon the part of the defendant to enable the jury to find for the plaintiff.Justice Holman dissented, noting that while the aforementioned facts are relevant to whether or not the plaintiff merely forgot to pay for the cigarettes, they were wholly irrelevant to whether the detective had probable cause to prosecute Mrs. Gustafson for shoplifting.Holman noted that the removal of merchandise from a store without paying is generally held as probable cause for shoplifting, as cited in the case of "Delp v. Zapp's Drug and Variety Stores".