King v. State
Supreme Court of Alabama
Prom the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. The indictment in this case charged that the defendant, Jake M. King, “did knowingly and willfully oppose or resist an. officer, E. P. Whitehead, a constable of Beat No. 12 in said county, in attempting to serve or execute a warrant of arrest issued by J. L. Trawick, a justice of the peace,” on the complaint of one J. F. Williamson, charging said King with an assault; and the warrant was set out in…
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Prom the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. The indictment in this case charged that the defendant, Jake M. King, “did knowingly and willfully oppose or resist an. officer, E. P. Whitehead, a constable of Beat No. 12 in said county, in attempting to serve or execute a warrant of arrest issued by J. L. Trawick, a justice of the peace,” on the complaint of one J. F. Williamson, charging said King with an assault; and the warrant was set out in full. The opinion states the material facts disclosed by the evidence on the trial, The defendant requested the following…
1Opinion of the CourtStone, C. J.
In Jones v. The State, 60 Ala. 99, the officer attempted to prevent a breach of the peace within his presence, and was resisted in the attempt. He had no warrant or process for the arrest of any one. That case was clearly not within the statute, which provides only for resistance of an “officer of the State in serving, executing, or attempting to serve or execute,” a legal writ or process. Code of 1886, § 3974. That case sheds no light on this.. The present case is peculiar in its facts. Williamson had sued out a warrant from a justice of the peace, charging that King was guilty of an…
2Cases cited1 opinion
- Jones v. StateSupreme Court of Alabama · 1877
3Cited by9 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Ezzell v. StateAlabama Court of Appeals · 1915
- Roberson v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Hardy v. StateCourt of Criminal Appeals of Alabama · 1984
- Heinzman v. StateCourt of Criminal Appeals of Oklahoma · 1929
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