Corwin v. Walton
Supreme Court of Missouri
•Appeal from St. Louis Court of Common Pleas. Tnis was a civil action brought by William E. Corwin against Charles D. Walton, to recover damages for an assault and battery. At tbe trial, tbe plaintiff gave evidence tending to show an aggravated assault upon him by tbe defendant, from which be suffered serious injury.
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•Appeal from St. Louis Court of Common Pleas. Tnis was a civil action brought by William E. Corwin against Charles D. Walton, to recover damages for an assault and battery. At tbe trial, tbe plaintiff gave evidence tending to show an aggravated assault upon him by tbe defendant, from which be suffered serious injury. Tbe plaintiff also offered in evidence a record of proceedings by indictment against tbe defendant for tbe same assault, for tbe purpose of showing that tbe defendant had pleaded guilty to one of tbe counts in the indictment. At tbe request of tbe defendant, tbe sentence and…
1Opinion of the CourtScott, Judge
1. The plea of guilty having been entered on the record in the case of the State against the present defendant, on an indictment for the same offence, that record was evidence in the present action. 2 Taylor on Evidence, 1115.
*732. When an individual carried on a criminal prosecution and a civil action for the same offence, courts have held him to his election, and would not compel a defendant to discover the matter of his defence and evidence, unless the prosecutor would give up the right which he might otherwise have to make use of this very discovery against the defendant, in his civil action,…
2Cited by15 opinions
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- Luther v. ShawWisconsin Supreme Court · 1914
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