Statham v. State
Supreme Court of Georgia
^Obstructing" legal process. Criminal law and practice. Before Judge Harrell. Webster Superior Court. September Term, 1870. Statham was indicted for obstructing legal process. The indictment .does not appear in the record, nor does the. order appointing a Solicitor pro tem. It is said that the Solicitor General, S. Wise Parker, drew the indictment and subsequently undertook to nol. pros, it, and that afterwards a Solicitor pro tem. was appointed.
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^Obstructing" legal process. Criminal law and practice. Before Judge Harrell. Webster Superior Court. September Term, 1870. Statham was indicted for obstructing legal process. The indictment .does not appear in the record, nor does the. order appointing a Solicitor pro tem. It is said that the Solicitor General, S. Wise Parker, drew the indictment and subsequently undertook to nol. pros, it, and that afterwards a Solicitor pro tem. was appointed. When the case came on for trial, defendant’s counsel moved to quash the indictment, stating that Parker, Solicitor General, had nol. prossed the…
1Opinion of the Court
*McCAY, J.
1. Very clearly the offense of obstructing legal process is not an offense against the property or person, nor is it punishable only by fine or imprisonment. It must come within this category to be capable of being settled by the prosecutor and the defendant: Revised Code, 4609, 4610. The very essence of this offense is its insult to the majesty of law. The man who executes the process is, it is true, an individual, but the wrong that is done is the injury to public justice. oThis was not, therefore, such a case as could be settled. Nor was the paper handed by the Solicitor General…
2Cited by19 opinions
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- Woodward v. GrayCourt of Appeals of Georgia · 2000
- McCook v. StateCourt of Appeals of Georgia · 1978
- MacH v. StateCourt of Appeals of Georgia · 1964
- Moccia v. StateCourt of Appeals of Georgia · 1985
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