42 F. 317 | N.D. Cal. | 1890
(charging jury.) The statute upon which the indictment in this case is founded provides that “every person who' knowingly and willfully obstructs, resists, or opposes any officer of the United States in serving, or attempting to serve or execute, any mesne process or warrant, or any rule or order of any court of the United States, or any other legal or judicial writ or process, or assaults, beats, or wounds any officer, or other person duly authorized, in serving or executing any writ, rule, order, process, or warrant, shall be” punished in a certain prescribed way. The indictment charges, in effect, that at a certain stated time .and place the defendant knowingly, willfully, and unlawfully resisted, obstructed, and opposed, by assaulting, beating, and wounding, J. C. Franks, at the time being United States marshal for the northern district of California, in the execution of an order then and there made by the United States circuit court for said district, addressed to the said marshal, and directing him to remove the said defendant from the court-room of said court because of her gross misbehavior therein.
To convict the defendant, you must be satisfied from the evidence, beyond a reasonable doubt, that the order made by the court, and referred to in the evidence, directed the marshal to remove the defendant from the court-room, and that in the execution of such order the defendant knowingly and willfully resisted the' marshal, by assaulting, beating, or wounding him. The words “knowingly ” and “willfully,” employed in the statute defining the offense with which the defendant is charged, imply that she must have known that the order directed the marshal to remove her, and, knowing such fact, that she determined, with a bad intent, to resist him in its execution. It is claimed on behalf of the defendant that she was so overcome by the opinion of the court, at the time being read, as to render her unconscious of the making of the order for her removal, and unconscious of her subsequent acts in the court-room. Of course, if she was really uncpnscious of these things, she should not be found guilty under this indictment. But you .are to look at this "defense as reasonable, sensible men, and in connection with it consider the testimony going to show that, contrary to law, she entered the court-room, with a loaded revolver, to hear a decision
Some evidence has been given on behalf of the defendant tending to show that the order of the court directing the removal of the defendant from the court-room was directed to the clerk of the court, instead of to the marshal. If the court, in malting the order, used the word “clerk,” and immediately substituted therefor the word “marshal,” and the defendant knew that the order was addressed to the marshal, and, so knowing, willfully resisted him in its execution by any or all of the moans set out in the indictment, then and in that case you are instructed that the use of the word “clerk” was a mere slip of the tongue, and was and is unimportant. If, however, the order was addressed to the clerk, and not to the marshal, the defendant cannot he convicted under this indictment.
An officer, in the execution of a valid order, has the legal right to use such force as is necessary to execute it, but no more. Any unnecessary force or violence that may bo used in the execution of such order or process is without authority of law; and such excess, if any, may bo lawfully met by force or violence sufficient to overcome it.
Where a married woman commits a misdemeanor in the presence of her husband, the jrresximption 0f law, nothing to the contrary appearing, is that she acts under the threat, command, or coercion of her husband; but, if the circumstances are such as to show that the husband, though in the same room with the defendant, did not exorcise any control or coercion, but that the wife was the active, moving party, the presumption arising from the husband’s presence will bo removed and overcome.
The defendant in this case, like the defendant in every other criminal case, is by the law presumed to be innocent of the crime charged against her. The burden of proving her guilt rests upon the prosecution, and this must be done beyond a reasonable doubt. Rut by “reasonable doubt” is not meant a mere imaginary or possible doubt, but such a doubt as arises out of the evidence, and is reasonable, in view of all ot the facts and circumstances of the ease. If, after an impartial comparison and consideration of all the evidence, you can candidly and truthfully