Smith v. State

1. “An accusation based upon section 311 of the Penal Code of 1910 [Code, § 26-4401], which does not show the nature of the ‘process or order’ which the officer is ‘serving or attempting to serve or execute,’ and that it was issued by some court in this State with proper authority to issue it, is fatally defective.” Evans v. State, 29 Ga. App. 204 (114 S. E. 812). . . “It is essential that the indictment should show from what court the process issued, not only in order that the defendant might be informed as to the particular process he is charged with obstructing, but also that it may appear…