In Rogers Co. v. Murray, 35 Ga. App. 49, supra, the petition alleged that after hearing plaintiff was discharged (i.e., the warrant was dismissed) but did not allege that the prosecution had terminated in plaintiff's favor. It was there held that the petition was subject to general demurrer.

In Rogers Co., the earlier Tyler was distinguished on the ground that there must at least be in the petition an allegation in general terms that the prosecution has been terminated.