83 Iowa 317 | Iowa | 1891
The.alleged perjury of the defend-ant was committed in a case in' which he was on trial .accused of the crime of receiving a bribe. It is claimed by the state that the facts in regard to his accepting a bribe, so far as they are relevant to the issues in this •case, are substantially as follows: “On the fourth day of February, 1888, the defendant was a constable duly qualified and acting in and for Saylor township, in Polk county. On that day he had in his possession a quantity of intoxicating liquors alleged to be of the value of five thousand dollars, which were owned by John Connelly. The defendant had seized and taken possession of the liquors by virtue of a search-warrant issued on the information of one "West, which charged that the liquors were kept for sale in violation of law. Acting with another constable named Hamilton, he agreed, for the consideration of one hundred dollars, to procure the release of the liquors without a trial. In order to procure such release, the defendant had several conferences with the county attorney of Polk county, W. W. Phillips, advising him that there was not sufficient evidence to justify further prosecution of the proceedings against the liquors, and urging that they be dismissed, and that the liquors be released. The advice of the defendant was taken, the proceedings were dismissed, and the liquors were released, the defendant and Hamilton receiving one hundred dollars for their
We discover no error in tbe record wbicb would authorize us to disturb tbe judgment of tbe district ■court. It is, therefore, affirmed.