Legal Opinion

Allen v. State

Court of Appeals of Georgia

Decided November 24, 1908No. 1448PublishedCited by 4 opinions

Accusation of obstructing legal process, from city court of Elberton — Judge Proffitt. August 19, 1908.

1Opinion of the CourtHill, C. J.

1. Threats alone, unaccompanied by any effort or apparent intention to execute them, are not sufficient' to constitute the offense of obstructing, resisting, or opposing an officer in the execution of lawful process, under section 306 of the Penal Code. Statham v. State, 41 Ga. 507 (4) ; Davis v. State, 76 Ga. 721; 29 Cyc. 1329.

2. The verdict is without evidence to support it, and a new trial should have been granted. Judgment reversed.

2Cases cited2 opinions

  1. Statham v. StateSupreme Court of Georgia · 1871
  2. Davis v. StateSupreme Court of Georgia · 1886

3Cited by4 opinions

  1. Briscoe v. StateCourt of Appeals of Georgia · 1911
  2. Caldwell v. StateAlabama Court of Appeals · 1945
  3. Hutchinson v. StateCourt of Appeals of Georgia · 1911
  4. McBride v. StateCourt of Appeals of Georgia · 1943