76 Iowa 189 | Iowa | 1888
— I. The indictment charges the crime of which defendant is accused in the following language: “The said Frank Pierce, on the fifteenth day of September, A. D. 1887, in the county of Polk aforesaid, did then and there wilfully, maliciously, unlawfully and feloniously threaten by verbal communication to W. R. Trotter and J. 0. Cole to search the premises of W. R. Trotter, J. 0. Cole and B. I). Miller, the same being a drug-store situated in the ‘Hotel Goldstone,’ in East Des Moines, Iowa, and to seize the intoxicating liquors therein kept, which said liquors were then and there the-property of said W. R. Trotter, J. O. Cole and B. D. Miller, which said seizure would injure the property and business of the said W. R. Trotter, J. O. Cole and B. D. Miller; with the wilful, unlawful and felonious intent to extort money from them, the said W. R. Trotter, J. O. Cole and B. D. Miller, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Iowa.” It is shown by the evidence that defendant at the time of the act alleged in the indictment was a constable, and Miller, Cole and Trotter were partners in the drug business. In our opinion, there, is not one word of evidence found in the abstract tending in the remotest degree to prove the threats or threatenings alleged in the indictment. The evidence which it is claimed tended in that direction is as follows: Cole testified that “along about the middle of September, I had a conversation with Mr. Pierce on the bridge. He said: ‘ Jim, I have a search-warrant for your place over there.’ I said, ‘Is that so ? ’ and he replied, ‘ Yes, sir.’ He walked on, and left me, and near the center of the bridge he stopped,
Other questions arise upon objections to various rulings of the court below. They need not be considered, as the judgment in the case, for the error pointed out, must be reversed, and our conclusion thereon will operate as a final disposition of the case.
Reversed.