46 Mo. 430 | Mo. | 1870
delivered the opinion of the court.
The defendant was prosecuted before a justice of the peace in Buchanan county for an assault and battery committed upon the person of one Mrs. Mary Iiinman, and was found guilty and fined in the sum of five dollars and costs. From the judgment of the justice’s court he appealed to the Circuit Court, and, upon a trial there, the jury found him guilty and assessed his punishment at a fine of one hundred dollars. The case was then taken to the District Court, where the judgment was affirmed, and the defendant brings error to this court.
There is but one question urged or relied on for a reversal, and that is the refusal of the court to grant a continuance. At the first term of the court at which the case was triable, a continuance was granted on application of the defendant. At the
There is nothing to show that the court exercised its judgment and discretion unwisely or oppressively. I think the defendant would have acted wisely had he paid the trifling fine of five, dollars, and not exhibited his litigious spirit in a case which at best reflects no credit upon him.
Judgment affirmed.