People v. Perry

The defendant appeals from a judgment of conviction and from an order denying his motion for a new trial. The charge against him is that he did “resist, delay and obstruct” two named public officers “in the discharge and the attempt to discharge a duty of his office, to wit: the arrest of” one Overhold (who spells his name Overholt, and will hereinafter be referred to by that spelling) for a violation of section 415 of the Penal Code.

The complaint designates section 148, Penal Code, as the legal foundation of the charge. This section declares that “Every person who willfully resists, delays,…