42 Iowa 164 | Iowa | 1875
The objections urged against the judgment of the District Court in this case are based upon the rulings of ■.the court in admitting evidence, instructing the jury, and overruling a motion in arrest of judgment. We will notice them in the order they were presented in the argument of counsel. They may be briefly disposed of.
Code, § 4302, is in these words: “When an offense involves the commission of, or an attempt to commit, an injury
The indictment charges that the offense was committed by willful and malicious assault made by defendant upon the officer, while in the discharge of his duty, and that the defendant did resist the officer by striking, cutting, wounding and injuring him. The offense clearly involves injuries to the officer, as charged in the indictment, and the case is within the statute just cited. State v. Emeigh, 18 Iowa, 122; State v. Cunningham, 21 Iowa, 433.
II. The court overruled a motion to exclude the testimony of Patrick Ryder on the ground that his name was not indorsed on the indictment. In support of the motion an affidavit was filed tending to show that the name, Ryder, appearing upon the indictment, was there as the result of a change of the name Ryan, originally written. Whether the name Ryan or Ryder was originally indorsed upon the indictment was a question of fact for the court. The evidence of the alteration, together with the indictment- itself, was duly considered. We have -not the indictment before us, and therefore cannot pass upon the question with all the light that the court below had. We cannot hold that the conclusion of fact reached upon the motion is erroneous.
- Y. Some of the instructions asked by defendant could well have been given. But as we have not before us the instructions given by the court, we cannot say that those refused are not repetitions of those given, and for that reason correctly excluded. We must presume in favor of the correctness of the court’s rulings upon the instructions.
• We have discovered no other questions in the case after having given the record before us careful consideration. We find no error in the proceedings.
Affirmed.