Daniels

On the twenty-second day of February, 1932, in the night-time, while John J. Logan, a police officer, was lawfully attempting to arrest the defendant, the arrest was resisted by the defendant, who in making such resistance assaulted the officer and inflicted upon him severe injuries. That the offense was committed is an undisputed fact. But the defendant contended at the trial, and now contends, that he is not the man who was being arrested, is not the man who made the attack upon the officer, and in fact was not present at the time and place of commission of the offense.

The grounds of appeal upon which defendant relies are: That the evidence is insufficient to justify or sustain his conviction; and that the court erred in its ruling admitting in evidence People’s exhibit No. 5, which consisted of certain automobile tools.

Appellant’s claim that the evidence is insufficient to justify the verdict is entirely without merit. Officer Logan in his testimony positively identified the defendant, and this testimony is abundantly corroborated by other evidence.

The automobile tools were not directly proved to have been tools belonging with the stolen car which other evidence tends to…