Harris v. State
Court of Appeals of Georgia
1Opinion of the Court
MCFADDEN, Judge.
John E. Harris appeals the denial of his motion for directed verdict of acquittal in his prosecution for misdemeanor obstruction of a law enforcement officer. In order to affirm on this record, we would be required to hold that any refusal to cooperate, even the peaceable assertion of constitutional rights, can support an obstruction conviction. We decline to adopt such a rule and find the evidence insufficient to support the conviction. We therefore reverse.
A motion for a directed verdict of acquittal is due to be granted when there is no conflict in the evidence, and the…
2Cases cited23 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Powell v. StateSupreme Court of Georgia · 1998
- Hudson v. StateCourt of Appeals of Georgia · 1975
- Duke v. StateCourt of Appeals of Georgia · 1992
- Georgia Transmission Corp. v. WorleyCourt of Appeals of Georgia · 2011
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