Hutchinson v. State

1. The court erred in overruling the demurrer to the indictment. Threats are not sufficient to constitute the basis of a prosecution for obstructing legal process, and an indictment which alleges that the obstruction and resistance consisted in the defendant’s having placed himself in the door of a house and violently threatened an officer, by declaring that a summons for a named person could only be served on his dead body, does not set forth the offense of obstructing legal process. To involve a violation of section 306 of the Penal Code of 1895 (Penal Code of 1910, § 311), forcible…