Jones v. State
Supreme Court of Alabama
From the County Court of Madison. Tried before the Hon. William Richardson. This prosecution was commenced in the Circuit Court, and was transferred to the County Court under the provisions of the act approved February 9,1877. — Session Acts, 1876-7, p. 149. The indictment contained but one count, which charged that the defendant “did knowingly and willfully oppose or resist Greene McMullen, a constable of said county, in attempting to command the peace.”
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From the County Court of Madison. Tried before the Hon. William Richardson. This prosecution was commenced in the Circuit Court, and was transferred to the County Court under the provisions of the act approved February 9,1877. — Session Acts, 1876-7, p. 149. The indictment contained but one count, which charged that the defendant “did knowingly and willfully oppose or resist Greene McMullen, a constable of said county, in attempting to command the peace.” The defendant demurred to the indictment, on the ground that it showed no offense, but the court overruled the demurrer; and he then…
1Opinion of the CourtStone, J.
Under the proof in this record, the defendant may have been guilty of an assault and battery; but neither the indictment nor the evidence shows an offense under section 4137 of the Code of 1876. To come within that statute, the offender must knowingly and willfully oppose or resist an officer of the State, “in serving, executing, or attempting to serve or execute a legal writ, or process.” There was no writ or process in this case.
The judgment of the County Court is reversed, but the cause will not be remanded. Let the defendant be discharged.
2Cited by1 opinion
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