Stephens v. State

Johnson was appointed by the sheriff of Bibb county as one of his deputies. He took the oath of office orally, instead of subscribing the oath and filing it as required by the code. He also gave a bond as required by law, but it was not filed and recorded as the code requires. An execution against John Stephens was placed in Johnson’s hands. He went to the house of Stephens to make a levy, and was resisted by Emma and Katie Stephens, against whom -he then preferred an accusation for obstructing or resisting legal process. On the trial they contended that he was not a deputy-sheriff, because…