DocketNumber: No. 803
Citation Numbers: 6 Wash. 609
Judges: Dunbar
Filed Date: 7/6/1893
Status: Precedential
Modified Date: 8/12/2021
The opinion of the court was delivered by
Appellant was tried and found guilty of insisting an officer. The information on which the conviction was based is as follows:
‘ ‘ Comes now E. E. Moody, prosecuting attorney in and for Jefferson county, State of Washington, and by this information informs against, charges and accuses Charles Brown with the crime of resisting an officer, committed as follows, to wit: The said Charles Brown, on the 5th day of September, A. D. 1892, in the city of Port Townsend, county of Jefferson, State of Washington, then and there being, did then and there knowingly, willfully and unlawfully resist him, one William J. Jones, a deputy sheriff of Jefferson county, State of Washington, duly appointed, qualified and acting as such, while the said William J. Jones as such deputy sheriff aforesaid was serving a warrant charging said Brown with a crime against the laws of the State of Washington, which warrant was duly and regularly issued from a justice of the peace court for the precinct of Port Townsend, Jefferson county, Washington, before and by Oliver Wood, justice of the peace, for the arrest and apprehension of the said Charles Brown, and in attempting to read said warrant to said Brown by said Jones as such deputy sheriff, said Brown assaulted said Jones, said deputy sheriff, by then and there striking said Jones, said deputy sheriff, with his fist and knocking said Jones down, and by drawing a pistol by said Brown upon said Jones, said deputy sheriff, and pointing said pistol at the person of said Jones, said deputy sheriff, all of which is contrary to the statute in such cases made and provided and against the peace and dignity of the State of Washington.”
Appellant contends that the information fails to charge a crime, in that it nowhere alleges that defendant knew
As to the second objection, the information alleges that the warrant was duly and regularly issued by a justice of the peace court, describing the court, and that it charged the defendant with a crime against the laws of the State of Washington. This would make a legal warrant; and the statement of facts constituting its legality is better pleading than to plead the conclusion of law.
We think appellant’s objection to the sufficiency of the proof is equally groundless. The information alleged that the warrant was issued by Oliver Wood, justice of the peace for a certain precinct and county; the warrant offered in proof corresponded substantially with the allegations. There is nothing in the objection that the warrant described by the information was not the same warrant introduced in evidence. It was a warrant against each person namecf
The judgment is affirmed.
Stiles, Anders, Hoyt and Scott, JJ., concur.