Wagner v. State

Birdsong, Presiding Judge.

Julius Wagner appeals his conviction for obstruction of an officer. *181He contends the evidence is insufficient because there was no evidence that the officer was acting “in the lawful discharge of his official duties.” OCGA § 16-10-24 (b).

The indictment charged appellant with obstruction “by physically resisting a lawful arrest.” The State’s evidence shows that Officer Roach went in a Shoney’s restaurant in answer to a call. He spoke with an employee and then approached appellant, who was sitting at a table, and asked him to come outside. Appellant was eating; the…