City of Gallatin v. Fannin

• Decision Date: 27 January 1908
• Citation: 107 S.W. 479,128 Mo. App. 324
• Parties: CITY OF GALLATIN v. FANNIN.
• Court: Missouri Court of Appeals

107 S.W. 479

128 Mo. App. 324

CITY OF GALLATIN v. FANNIN.

Kansas City Court of Appeals. Missouri.

January 27, 1908.

1. ASSAULT AND BATTERY — SUFFICIENCY OF EVIDENCE.

In a prosecution for assault and battery, evidence examined, and held to support a conviction.

2. CRIMINAL LAW—APPEAL—QUESTIONS FOR REVIEW—PREPONDERANCE OF EVIDENCE.

Even in criminal cases the Supreme Court will not pass on the mere question of a preponderance of the evidence.

3. SAME—CREDIBILITY OF WITNESSES.

The credibility of witnesses is for the jury.

4. ASSAULT AND BATTERY — EVIDENCE — MOTIVE.

In a trial for assault, evidence that, prior to the difficulty between defendant and prosecutor, prosecutor had been a witness against defendant

in a prosecution of the latter for gambling, was competent as showing a motive for the assault.

5. CRIMINAL LAW—EVIDENCE—MOTIVE.

Any evidence tending to show a motive tends also to show guilt of one charged with crime.

6. SAME—INSTRUCTIONS.

The refusal of instructions asked by defendant is not error where proper instructions covering the case in full are given.

7. ASSAULT AND BATTERY — VIOLATION OF MUNICIPAL ORDINANCE — SUFFICIENCY OF INFORMATION.

An information for assault, which, after alleging the existence of a certain city ordinance providing for the punishment of offenses against "public peace and quiet," stated that on a certain date, and within the corporate limits of the city, defendant unlawfully assaulted, etc., prosecutor with a rock, against the peace and dignity of the city, and contrary to the provisions of said ordinance, was sufficient to support a conviction; the assault as alleged being a breach of the peace and therefore a violation of the ordinance.

8. MUNICIPAL CORPORATIONS—VIOLATION OF CITY ORDINANCE.

The same strictness is not required in an information for violation of a city ordinance as in an indictment.

Appeal from Circuit Court, Daviess County; J. W. Alexander, Judge.

Tilden Fannin was convicted of violating a city ordinance, and appeals. Affirmed.

S. W. Brandon, for appellant. G. F. Alexander and J. A. Selby, for respondent.

BROADDUS, P. J.

The defendant was tried and convicted for a violation of Ordinance 9 of the city of Gallatin on a charge of assaulting, beating, and wounding one Homer Cogswell with a rock, against the provision of said ordinance. The case was first tried before a justice of the peace, where defendant was convicted, and he appealed.

The evidence was to the effect that within the limits of the city of Gallatin the defendant struck the prosecutor on the head with a rock. Of this there is no dispute. It is the contention, however, of defendant that he acted in self-defense, as the prosecutor at the time was advancing on him with an open knife in his hand. The prosecuting witness swore positively that he did not draw his knife and advance upon defendant; that he did not have an open knife in his hand, whittling on a piece of wood when defendant came to the place where he was standing; and that, when defendant threw and struck him, he had his back to him. A witness by the name of Everman saw the occurrence, and testified that he did not seen the prosecuting witness advance upon defendant with a drawn knife, but, on the contrary, he was standing with his back partly to defendant when he threw the rock. And the evidence further tended to show...