18 Mo. 71 | Mo. | 1853
delivered the opinion of the court.
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.
It would appear, then, that the damages of the party aggrieved in his action for the wrong done him, were not liable to be affected by any thing done in the public prosecution. ( Th%/lMrpdMwJt' punishment inflicted may be affected by the verdict in the civil {fjuu ¿y- ~ action, but the damages to be recovered in the private suit are t-ttth wholly uninfluenced by any thing that may have transpired in , the prosecution carried on by the state.\ This being so, it was finis** not a matter of any consequence from which side the proof of • ^ | the conviction and fine proceeded. The plaintiff was entitled ’ to exemplary damages, notwithstanding he produced such evi- (sf/Wt Affirmed, the other judges content. dence himself.