Supreme Court of Missouri, 1871

State v. Cole

Supreme Court of Missouri · Decided March 15, 1871 · Currier, Other

48 Mo. 70

Cases that cite this one

9 later published cases cite this decision.

Weaver v. Schaaf (Mo. 1975)
State Ex Rel. Earsom v. Fisher (W. Va. 1927)
State v. . Craig (N.C. 1918)
Newton v. State (Okla. Crim. App. 1918)
State v. Buente (Mo. 1914)
State v. Moore (N.C. 1904)
State v. Freeman (Mo. Ct. App. 1894)
Shideler v. State (Ind. 1891)
State v. . Swepson (N.C. 1878)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Currier, Judge,

delivered the opinion of the court.

The defendant, having committed an assault and battery, as the case shoAvs, went before a justice and instituted proceedings against himself, and was fined three dollars and costs. Subsequently the present prosecution was instituted by the injured party for the same offense. The defendant pleads the former conviction in bar of the prosecution.

It is apparent that.the first prosecution was a mere sham, gotten up by the defendant to shield him from the consequences *71of a real prosecution followed up by a real prosecutor. His action in that respect was a fraud upon tbe cnminal justice of the State, and cannot be allowed to succeed. The conviction, if such it might be called, is no bar to the present prosecution. It is a sufficient answer to the plea, that the alleged conviction was procured by the fraud and evil practice of the defendant himself. (8 Greenl. Ev., § 88, and authorities cited.)

Let the judgment be affirmed.

The other judges concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.