The controlling issue in this malicious prosecution case is whether the defendant had probable cause to institute criminal proceedings as a matter of law. The law is as stated in Varner v. Hoffer, 267 Or 175, 515 P2d 920 (1973). Viewing the evidence in a light most favorable to plaintiff, we find that the defendant reasonably believed the plaintiff acted in a manner which constitutes the offense of criminal mischief in the second degree.

Affirmed.