Legal Opinion

State v. Lovell

Supreme Court of Iowa

Decided December 6, 1867PublishedCited by 25 opinions

Appeal from Cedar District Court. Criminal law : section 4296 not applicable to oebtcers without a warrant. — Indictment founded upon section 4296 of the Eevision. Demurrer thereto sustained. The State appeals.

1Opinion of the CourtDillon, J.

1. cisninfAii x,aw: resisting an officer, The section above referred to (§ 4296) provides that “ If any person knowingly and willfully resist or oppose any officer of this State, or any person authorized by law, in serving or attempting J , •. - x o to execute any legal writ, rule, order, or process whatever, he shall be punished,” etc. The defendant was indicted for resisting a peace officer who was *305attempting to arrest, without am/y warrant, writ or process of am/y Mnd, a person who was breaking the public peace. The law (§ 4548) authorizes a peace officer, without a warrant, to make an…

2Cited by25 opinions

  1. Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
  2. Reeves v. RossWest Virginia Supreme Court · 1907
  3. State v. NelsonSupreme Court of Iowa · 1970
  4. State v. MuhlenbruchSupreme Court of Iowa · 2007
  5. State v. SchultzSupreme Court of Iowa · 1951

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