State v. Freeman
Supreme Court of Iowa
Appeal from the Johnson District Court. An indictment for resisting an officer in serving, and attempting to execute, legal process.
Read the full summary
Appeal from the Johnson District Court. An indictment for resisting an officer in serving, and attempting to execute, legal process. The body of the indictment reads as follows: “ That heretofore, to-wit: on the 12th day of May, A. I). 1858, a certain judicial warrant of arrest, directed to any sheriff, constable, or marshal of the state, was duly awarded, and issued by George W. MoOleary, a magisfratq of said county of Johnson, to-wit: county judge of said county, state aforesaid, which said judicial warrant of arrest was duly delivered to Jacob Hugns, an officer of the state of Iowa…
1Opinion of the CourtStockton, J.
First. As to the demurrer to the indictment, it was not necessary, in charging the defendant with knowingly and wilfully resisting an officer, authorized by law, in attempting to execute a legal writ, to aver that the officer, at the time, informed the defendant that he acted under the authority of a warrant. In making an arrest, the officer must inform the defendant, that he acts under the authority of a warrant, and if required, must produce and show it. Code, section 2839. But it is not necessary that the indictment, should set forth, at length, the acts of the officer, or show that in…
2Cited by7 opinions
- State v. BrooksSupreme Court of Iowa · 1892
- Appling v. StateSupreme Court of Arkansas · 1910
- State v. JohnSupreme Court of Iowa · 1904
- Putman v. StateSupreme Court of Arkansas · 1887
- Doan v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.