109 Iowa 353 | Iowa | 1899
The indictment charged that the defendant “did unlawfully and willfully resist and oppose one L. W. Harris, a deputy sheriff of Hardin county, Iowa, in serving and attempting to serve a certain search warrant.” On the trial the accused objected to, the introduction of evidence because of the insufficiency of the indictment, and based a motion in arrest of judgment on the same ground. The statute under which the indictment was returned provides that “'if any person knowingly and willfully resist or oppose any officer of this state, or any person authorized by law, in serving or attempting to serve any legal writ, rule, order or process whatsoever,” he shall be punished accordingly. Code, section 4899. It will be observed that “unlawfully” was inserted in the indictment instead of “knowingly,” used in
The indictment was sufficient in other respects. It clearly alleged what the officer was doing, and the particular acts of obstruction. State v. Maloney, supra. — Reversed.