State v. Cole
Supreme Court of Missouri
JLppeal from Jefferson Circuit Court. Defendant had been convicted and fined by a court of competent jurisdiction for the same offense. Defendant went before the justice and pleaded guilty. What, then, was left to be tried? If a jury had been sworn, what duty would it have had to perform? Simply fixing the fine. The guilt was established by the plea of guilty, and the justice had the undoubted right to assess the punishment.
1Opinion of the CourtCurrier, Judge
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…
2Cited by12 opinions
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