Legal Opinion

State v. Bates

Supreme Court of Iowa

Decided July 31, 1867PublishedCited by 6 opinions

Appeal from Story Dist/rict Cou/rt. Defendant was indicted under section 4293 of tbe Revision, for aiding and assisting his brother, William Bates, to escape from the custody of one Elliott, a constable. Trial and verdict of guilty; new trial refused; judgment that defendant pay a fine of twenty-five dollars and costs, from which he appeals.

1Opinion of the Court

Wri&ht, J.

l. ^prisoner tó escape' I. William Bates was charged before a justice, with having threatened to commit a public offense against the person of one Stratton, and the .magistrate issued his warrant as contemplated by chapter 184 of ¿he Revision. The constable, Elliott, had this warrant, and the defendant, Oliver Bates, it is claimed, assisted the said William in escaping from the custody of said officer after arrest under said warrant. And the first point made on this *98appeal is, that said William was not held upon “ any criminal charge” within the meaning of the statute. The offense…

2Cases cited1 opinion

  1. Ex parte StrahlSupreme Court of Iowa · 1864

3Cited by6 opinions

  1. State v. OlsonSupreme Court of Iowa · 1958
  2. State v. EadsSupreme Court of Iowa · 1975
  3. Bennett v. HollowellSupreme Court of Iowa · 1927
  4. Montgomery v. SuttonSupreme Court of Iowa · 1882
  5. Montgomery v. SuttonSupreme Court of Iowa · 1885

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