118 Ga. 29 | Ga. | 1903
The plaintiff in error was 'convicted of the offense of obstructing legal process. His motion for a new trial was overruled. The bill of exceptions complains of the judgment over
The demurrer was properly overruled. The indictment was more •specific in charging the offense than is the Penal Code in defining it. The Penal Code, § 929, provides that an indictment shall be deemed sufficiently technical and correct when it states the offense in the terms' and language of the code or so plainly that the nature of the offense charged may be easily understood by the jury. This section, however, was not “designed to deny to one accused of crime the right to know enough of the particular facts constituting the alleged offense to be able to prepare for trial.” Johnson v. State, 90 Ga. 441. The indictment in the present case not only contained the terms of the code definition of the offense but was otherwise sufficient. It set out the nature of the order which the constable was endeavoring to execute, and charged that the defendant, with force and arms, knowingly and wilfully obstructed and opposed its execution. The specific act or acts by which he obstructed
As to the second ground of the demurrer, there can be no doubt. The judgment or order of the court was described, and there was nothing in the indictment to indicate that it was illegal. If because of a failure to require bond of the plaintiff, or for other reason, the judgment or order was illegal, this was a matter for plea or for proof, and not for demurrer to an indictment which did not show the existence of such defect.
Judgment affirmed.