Feste v. People

Me. Chiee Justice Adams

delivered the opinion of the court.

Feste was convicted by a jury of obstructing, opposing and resisting an officer in the execution of his duties and sentenced to confinement in the county jail for a period of thirty days. He assigns error.

The officer, one E. D. Brown, was a constable acting under a writ of restitution in unlawful detainer’, issued by a justice of the peace. The writ showed on its face that plaintiff had obtained a judgment. It was issued in the name of t'he people and directed to “the Sheriff or any Constable of said County,” who was commanded to…