dissenting.
I dissent from the majority's opinion. The majority reversed this case on the basis that the “evidence is insufficient to show that B.P.I. and Meszaros desired to have Zavaleta indicted in this instance and that the answer of the jury was so against the great weight and preponderance of the evidence as to be incorrect.” In arriving at this conclusion, the majority has not followed the guidelines set down by our Supreme Court which are to be used when reversing a case based upon insufficient evidence.
The procedure which an appellate court must follow when analyzing a factual insufficiency claim was stated in In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). The Supreme Court, trial courts, and appellate-law scholars cannot determine whether the requirements of In re King’s Estate have been followed unless the proper analysis is reflected in the appellate court’s opinion. This analysis was explained in Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex.1986). In Pool, the Supreme Court stated that courts of appeals:
*347[Sjhould, in their opinions, detail the evidence relevant to the issue in consideration and clearly state why the jury’s finding is factually insufficient or is so against the great weight and preponderance as to be manifestly unjust; why it shocks the conscience; or clearly demonstrates bias. Further, those courts, in their opinions, should state in what regard the contrary evidence greatly outweighs the evidence in support of the verdict....
Pool, 715 S.W.2d at 635. The majority has not follow the Pool standard.
The jury in this case found that Jim Meszaros, acting without probable cause and with malice, caused, or aided or cooperated in causing, a criminal prosecution to be commenced against Dr. Tony Zavaleta. The causation element of malicious prosecution requires that the criminal prosecution be caused by the defendant or through the defendant’s aid or cooperation. Thomas v. Cisneros, 596 S.W.2d 318, 316 (Tex.Civ.App.—Austin 1980, writ ref’d n.r.e.). It is not necessary for the defendant to have signed the complaint or to have communicated the subject matter to the individual who did if the making of the statement proximately caused the prosecution that followed. Thomas, 596 S.W.2d at 317. Restatement (Second) of Torts, § 653, Comment g (1977) states, in relevant part:
If, however, the information is known by the giver to be false, an intelligent exercise of the officer’s discretion becomes impossible, and a prosecution based upon it is procured by the person giving the false information. In order to charge a private person with responsibility for the initiation of proceedings by a public official, it must therefore appear that his desire to have the proceedings initiated, expressed by direction, request or pressure of any kind, was the determining factor in the official’s decision to commence the prosecution, or that the information furnished by him upon which the official acted was known to be false.
Meszaros’ sworn statement to the district attorney’s office indicated that after Dr. Zavaleta introduced him to Fred Rusteberg and Hector Silva, Dr. Zavaleta told Ruste-berg and Silva that BFI “was going to have the garbage contract,” and he asked Mes-zaros if BFI “could put” its Brownsville account with the International Bank of Commerce (“IBC") located in Brownsville. Rusteberg was IBC’s President and Silva was IBC’s Executive Vice-President. According to the Hon. Benjamin Euresti, the Cameron County District Attorney, information was presented to the grand jury that Dr. Zavaleta’s girlfriend was related to Silva. At the time Meszaros allegedly heard Dr. Zavaleta make this statement, Dr. Zavaleta, Juan Gonzalez (a BFI employee), Meszaros, A1 Young (a BFI employee), Fred Rusteberg and Hector Silva were standing outside the Brownsville city commission chambers. Three of these individuals, Rusteberg, Silva and Gonzalez, testified that Dr. Zavaleta did not make these statements. If the jury chose to believe Rusteberg, Silva, and Gonzalez, in addition to Dr. Zavaleta’s own sworn testimony that he did not make this statement, then Mes-zaros’ sworn statement was false, and the jury could determine that Meszaros knew it was false when he gave his sworn statement to the district attorney’s office. On the basis of this false statement, the district attorney’s office chose to seek an indictment against Dr. Zavaleta.
A party filing or causing the filing of a proper criminal complaint does so with probable cause when, in good faith, he makes a full and fair disclosure of the facts and circumstances known to him at the time and the complaint is thereafter filed. On the other hand, unless the party acts in good faith in disclosing to the prosecuting attorney all material facts that are known to him, probable cause does not exist. Coniglio v. Snyder, 756 S.W.2d 743, 744 (Tex.App.—Corpus Christi 1988, writ denied); Marathon Oil Co. v. Salazar, 682 S.W.2d 624, 627 (Tex.App.—Houston [1st Dist.] 1984, writ ref’d n.r.e.).
Here, the Hon. Benjamin Euresti testified that the Hon. Mervyn Mosbacker, the First Assistant Cameron County District Attorney, had the discretion to present Dr. Zavaleta’s ease to the grand jury. After Dr. Zavaleta was indicted, the Hon. Sharon *348MacRae, a special prosecutor, was in charge of prosecuting Dr. Zavaleta. The Hon. Benjamin Euresti testified that some months after Dr. Zavaleta was indicted, Meszaros told the Hon. Sharon MacRae that he (Meszaros) thought Dr. Zavaleta was an “honest man” and that he did not feel compelled, as a result of the conversation with Dr. Zavaleta, to deposit BFI’s money with IBC. The Hon. Sharon Mac-Rae considered this information to be important in showing a lack of criminal intent on Dr. Zavaleta’s part and necessary to support the indictment. Meszaros did not convey this information to the district attorney’s office prior to the time that the Hon. Mervyn Mosbacker sought the indictment. According to the Hon. Benjamin Euresti, if the Hon. Mervyn Mosbacker had been apprised of this information, he would not have sought the indictment. This is ample evidence to show that Meszaros did not make a full and fair disclosure of the facts and circumstances to the district attorney’s office. Meszaros did not make a full and fair disclosure as the law requires in such a situation. This misrepresentation of the facts (failure to make a full and fair disclosure), upon which the prosecution was based, indicates a lack of probable cause.
Malice can be inferred from want of probable cause and from wrongful conduct in reckless disregard of the rights of another, even when there is no direct proof of the same. Gulf, C. & S.F. Ry. Co. v. James, 73 Tex. 12, 10 S.W. 744, 747 (1889); Bass v. Metzger, 569 S.W.2d 917, 922 (Tex. App. — Corpus Christi 1978, writ ref’d n.r.e.). Here, BFI actively sought Dr. Za-valeta’s assistance in obtaining the contract. Dr. Zavaleta had voted to award the contract to BFI. Later, he changed his mind and voted to reopen the negotiation process. The evidence showed that at this point, Meszaros shook and wagged his finger at Dr. Zavaleta. BFI did not receive the contract, and, according to the record, Dr. Zavaleta’s vote cost BFI millions of dollars. Meszaros, on his own volition, spoke with the prosecuting authorities concerning the contract negotiation process. Once the district attorney’s office told him that Dr. Zavaleta’s conduct was criminal, Meszaros gave a sworn statement, leaving out some relevant information. This is the evidence necessary to show that Meszaros misrepresented facts to the district attorney’s office. These misrepresentations were material in determining whether Dr. Zavaleta should have been prosecuted. This evidence supports a finding that Mes-zaros acted with malice. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660, 661-62 (1951).
Viewing the evidence in the light most favorable to the verdict, I would hold that all of the evidence introduced at trial was sufficient to support the jury’s finding that Meszaros, acting without probable cause and with malice, caused, or aided or cooperated in causing, a criminal prosecution to be commenced against Dr. Zavaleta.
The majority also reversed this case on the grounds that the trial court submitted the improper definition of probable cause and did not instruct the jury on full and fair disclosure. The trial court submitted the same definition of probable cause as that used in Akin v. Dahl, 661 S.W.2d 917, 921 (Tex.1983) and Ramsey v. Arrott, 64 Tex. 320, 323 (Tex.1885) (Akin and Ramsey were malicious prosecution cases.). The majority concluded that when, as in this case, the indictment is caused indirectly through the aid or cooperation of the person charged with malicious prosecution, the-definition of probable cause should have inquired whether Meszaros actually believed Dr. Zavaleta made the statements, regardless of whether they were actually made. The majority cited Coniglio v. Snyder, 756 S.W.2d 743 (Tex.App.—Corpus Christi 1988, writ denied) as authority for this proposition. Coniglio, in turn, relied on Marathon Oil Co. v. Salazar, 682 S.W.2d 624 (Tex.App.—Houston [1st Dist.] 1984, writ ref’d n.r.e.). After a careful reading of Coniglio and Marathon Oil, you would find that they did not decide this issue, and, therefore, do not support the majority’s conclusion.
Regarding the instruction on full and fair disclosure, an instruction or definition is properly submitted if it finds support in *349any evidence of probative value or in the reasonable inferences that may be drawn therefrom, and it may be of some assistance to the jury in answering the issues submitted. Sappington v. Younger Transport Inc., 758 S.W.2d 866, 867 (Tex.App.—Corpus Christi 1988, writ denied); see also Tex.R.Civ.P. 277. A trial court has considerable discretion in submitting explanatory instructions and definitions. Wisenbarger v. Gonzales Warm Springs Rehabilitation Hosp., Inc., 789 S.W.2d 688, 692 (Tex.App.—Corpus Christi 1990, writ denied); Wakefield v. Bevly, 704 S.W.2d 339, 350 (Tex.App.—Corpus Christi 1985, no writ). The applicable standard of review in this court is abuse of discretion. Lumbermans Mut. Casualty Co. v. Garcia, 758 S.W.2d 893, 894 (Tex.App.—Corpus Christi 1988, writ denied); Home Ins. Co. v. Gillum, 680 S.W.2d 844, 849 (Tex.App.—Corpus Christi 1984, writ ref d n.r.e.).
Whether Meszaros’ sworn statement to the district attorney’s office was untrue is an evidentiary issue. Evidentiary issues need not be submitted to the jury. Clark v. McFerrin, 760 S.W.2d 822, 826 (Tex.App.—Corpus Christi 1988, writ denied); Estate of Lee v. Continental Trailways, 564 S.W.2d 392, 394 (Tex.Civ.App.—Dallas 1978, writ ref’d n.r.e.). I would find no abuse of discretion.
The judgment of the trial court should be affirmed.
GILBERTO HINOJOSA, J., joins in the dissent.