State v. Simmons
Supreme Judicial Court of Maine
On exceptions by defendants. The defendants were indicted for assaulting an officer, to wit, a fish warden, and obstructing him in the execution of his official duty. The indictment was nolle prossed as to the assault. The defendants then filed a demurrer which was overruled and the defendants excepted. The case is stated in the opinion.
1Opinion of the CourtEmery, C. J.
Exceptions to overruling a demurrer to an indictment. The indictment originally was for assaulting a fish warden and obstructing him in the execution of his official duty. The county attorney, however, entered a nolle prosequi as to the assault, so that the indictment now charges only that the defendant "did then and there unlawfully and knowingly obstruct, oppose and *240hinder’’ the fish warden in the execution of his office, etc. It contains no description or specification of any acts of obstruction, opposing or hindering. The want of such description or specification is urged in support of…
2Cases cited2 opinions
- State v. DownerSupreme Court of Vermont · 1836
- People v. HamiltonMichigan Supreme Court · 1888
3Cited by3 opinions
- Fooshee Brunson v. SmithSupreme Court of Oklahoma · 1912
- State v. JalbertSupreme Judicial Court of Maine · 1943
- Pease v. PeaseSupreme Judicial Court of Maine · 1966