Appelby v. State

The appellants were convicted on an indictment charging them and twenty-three others with resisting and obstructing peace officers by use of dangerous and deadly weapons. Errors are assigned upon the overruling of appellants’ motion to quash the indictment, motion in arrest of judgment, and motion for a new trial.

Under the first two assignments it is contended that the indictment is insufficient to charge a public offense on account of its failure to allege that the peace officers were known by the appellants to be such. The statute upon which the prosecution was based is as follows:

“Whoever…