48 Mo. 70 | Mo. | 1871
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
Let the judgment be affirmed.