Colson v. State

TERRELL, Justice.

Appellant was tried and convicted because he did unlawfully, knowingly and willfully resist, obstruct and oppose the sheriff of Gilchrist County in the exercise of his lawful duty contrary to F.S. Section 843.01, F.S.A. A motion for new trial was overruled and the defendant appealed.

Several questions are urged for reversal but the gist of appellant’s grievance is that he brought himself within but was denied benefit of the rule announced in Garner v. State, 28 Fla. 113, 9 So. 835, and similar cases where he approved the doctrine that if one is so drunk as to be incapable of…