135 Ark. 262 | Ark. | 1918
Appellee was indicted in the Polk circuit court on the 11th day of December, 1917, under section 1960 of Kirby’s Digest for obstructing process.
A demurrer was filed to the indictment on the following grounds:
(1) That the indictment does not state facts sufficient to constitute a public offense.
(2) That the particular circumstances of the offense charged, necessary to constitute a complete offense, are not set forth in the indictment.
The demurrer was sustained by the trial court, from which ruling an appeal has been prosecuted to this court.
Omitting caption and signature, the indictment is as follows: “The grand jury of Polk County, in the name and by the authority of the State of Arkansas, accuse Jack Embrey of the crime of obstructing process committed as follows, towit: The said Jack Embrey, in the county and State aforesaid, on the 16th day of November, 1917, did unlawfully, knowingly and wilfully obstruct and resist H. W. Finger, sheriff of Polk County, in his, the said H. iW. Finger’s attempt to arrest Julius Carden and Bettis Alston for a felony against the peace and dignity of the State of Arkansas.”
The section of the statute under which the indictment was framed is as follows:
“If any person .shall knowingly and wilfully obstruct or resist any sheriff, or other ministerial officer, in the service or execution of, or in the attempt to serve or execute any writ, warrant or process, original or judicial, in discharge of any official duty, in case of felony,' or any other case, civil or criminal, or in the service of any order or rule of court, in any case whatever, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than fifty dollars, and may also be imprisoned not exceeding six months.”
The demurrer to the indictment should have been overruled.
For the error indicated, the judgment is reversed and the cause remanded with instructions to overrule the demurrer to the indictment.