Briggs

The plaintiff in error was convicted under three counts of an indictment which charged him with feloniously assaulting an officer while under arrest, feloniously interfering with an officer in the execution of his duty and feloniously resisting an officer while under arrest. He assigns error to instructions given to the jury and the denial of instructions which he requested. We find, however, that the instructions given were appropriate to the case, correctly stated the law applicable ' thereto, and sufficiently covered all the points as to which instructions were requested. But it is contended that the instructions were not appropriate to the facts, and, while no request was made for a directed verdict of acquittal, we think the question whether the facts were such as to justify the submission of the case to a jury should be regarded as properly before us, and should be reviewed by the court.

The prohibition officers discovered in a place difficult of access in the country a large, unoccupied distillery containing a still of 350-gallon capacity, 5,000 gallons of mash, 200 gallons of whisky, and other material. Approaching the distillery and ending in proximity thereto was a road…