89 Iowa 594 | Iowa | 1894
The defendants were indicted under section 4070 of the Code, and an appeal was taken by the state, for the purpose of obtaining an interpretation of the section for use in the further prosecution of the case against the defendants not yet tried. The portions of the section specified which are material to a determination of the appeal are as follows:
“ Section 4070. If any person or persons unlawfully or riotously assembled, * * * injure * * * any dwelling house or other building * * * he shall be punished by'imprisonment in the penitentiary not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year. * * *”
The evidence shows that the defendant Johnson had been the agent and telegraph operator of the Chicago, Rock Island & Pacific Railway Company, at its station in the town of Leighton, but, at the time of the occurrence in controversy, he was out on a strike. In the evening of December 23, he was seen in Des Moines, where he was heard to say, in effect, that he was going to Leighton, and get the miners drunk, and
The motion which was sustained by the court was as follows:
“The defendant now moves the court to instruct the jury to return a verdict for the'defendant, for the reason that under section 4070 of the Code, under which this indictment is found, the evidence does not warrant a conviction; second, for the reason that the evidence is not sufficient to warrant a conviction of the defendant; third, for the reason that the evidence shows that the defendant is not guilty of the crime charged; fourth, for the reason that the evidence shows that the defendant was not attempting to destroy or injure the building; that he was not attempting to injure or destroy the building, together with other persons.”
The fact that the purpose of the men who formed the assembly was primarily tg drive oit or frighten the
It follows that the motion to'direct a verdict should have been overruled. Reversed.