State v. Russell

• Decision Date: 06 October 1898
• Citation: 76 N.W. 653
• Parties: STATE v. RUSSELL.
• Court: Iowa Supreme Court

76 N.W. 653

STATE

v.RUSSELL.

Supreme Court of Iowa.

Oct. 6, 1898.

Appeal from district court, Woodbury county; John F. Oliver, Judge.

The defendant was convicted of the crime of resisting an officer, and adjudged to pay a fine of $250 and costs, and, in case of default in payment, to be imprisoned in the county jail.From that judgment he appeals.Affirmed.

ROBINSON, J.

This cause is submitted to us without argument, upon transcripts which purport to show the oral evidence introduced, and the rulings of the court respecting the introduction of the evidence, the judgment and notice of appeal, and the service thereof.The indictment, certain exhibits which were introduced in evidence, the charge to the jury, the verdict, and motion for a new trial are not shown.The transcript of the evidence does not appear to have been filed in the district court, nor is it in any manner certified by the clerk of that court.Notwithstanding the deficiencies in the record submitted to us, we have examined it with care, and conclude that the evidence before us is ample to show the guilt of the defendant.A constable of Woodbury county attempted to arrest the defendant in that county.The warrant was duly issued, on an information which charged the defendant with the offense of selling intoxicating liquor in violation of law.The officer went into the defendant's place of business, and told him to consider himself under arrest.Thereupon he asked by what authority the officer acted, and, as the latter was about to produce the warrant, the defendant said he would not be arrested, seized a shotgun which stood behind the bar, and, pointing it at the officer, threatened to shoot him, and told him to leave.The officer at once left the building.The defendant followed him to the door, and ordered him to leave the premises, which he did.The theory of the defendant seems to be that he did...