State v. Allnutt

LeGRAND, Justice.

At approximately 3:00 o’clock A.M. on January 14, 1965, while making a routine check of the area, Detective Raymond K. Baker came upon defendant and another man attempting to break into the Hide-AWay Tavern in Cedar Rapids, Iowa. The detective drew his gun, ordered the men not to move, and radioed for assistance. Defendant, who was armed with a crowbar, advanced toward Detective Baker, despite an order to stop. Defying a second command to stop, defendant struck the officer and knocked him to the ground. As he fell, Detective Baker fired one shot which struck defendant in the…