Prichard v. State

1. An indictment or accusation based upon section 311 of the Penal Code of 1910, which does not allege that the officer was attempting to serve or execute a lawful process or order, is' fatally defective. Evans v. State, 29 Ga. App. 204 (114 S. E. 812).

2. The headnotes to an opinion rendered June 20, 1925, by the Supreme Court in answer to certified questions propounded by this court (160 Ga. 527, 128 S. E. 655) are as follows:

(а) Under sections 339 and 366 of the Penal Code, a third person can .not be punished for resisting or obstructing an officer in this State who is attempting, without a…