Allen v. State
62 S.E. 1003, 5 Ga. App. 237, 1908 Ga. App. LEXIS 79
Opinion
1. Threats alone, unaccompanied by any effort or apparent intention to execute them, are not sufficient' to constitute the offense of obstructing, resisting, or opposing an officer in the execution of lawful process, under section 306 of the Penal Code. Statham v. State, 41 Ga. 507 (4) ; Davis v. State, 76 Ga. 721; 29 Cyc. 1329.
2. The verdict is without evidence to support it, and a new trial should have been granted. Judgment reversed.
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Allen v. State, 62 S.E. 1003, 5 Ga. App. 237, 1908 Ga. App. LEXIS 79 (Ga. Ct. App. 1908).
62 S.E. 1003 (Allen v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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