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Allen v. StateAllen v. State

Court of Appeals of Georgia
Nov 24, 1908
1448
Reporters:
, ,
Before:
Hill
Hill, C. J.

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.

Case Details

Case Name: Allen v. State
Court Name: Court of Appeals of Georgia
Date Published: Nov 24, 1908
Citations: 5 Ga. App. 237; 62 S.E. 1003; 1908 Ga. App. LEXIS 79; 1448
Docket Number: 1448
Court Abbreviation: Ga. Ct. App.
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