Frith v. State
Mississippi Supreme Court
Frith v. State, 97 Miss. 519 (Miss. 1910)
52 So. 786
Whitfield
Frith v. State
Opinion of the Court
The indictment in this case was manifestly drawn under Code 1906, § 1297. The proof wholly fails to sustain this indictment. The learned assistant attorney-general endeavors to save the case by insisting that it was a good indictment under the nest section (§ 1298), but the contention is wholly untenable: The language of the indictment does not suit that section at all..
The above opinion is adopted as the opinion of the court, and for the reasons therein stated the judgment is reversed and the cause remanded.
Reversed.
Reference
- Full Case Name
- Charles Frith v. State of Mississippi
- Status
- Published
- Syllabus
- Criminal Law and Procedure. Obstructing justice. Resisting process. Code 1906, §§ 1297, 1298. A conviction for a violation of Code 1906, § 1298, making it a crime for any person by threats or force to attempt to intimidate a judge, justice of the peace, juror, witness or .officer in the discharge of his duty, is not warranted under an indictment predicated of Code 1906, § 1297, making it a misdemeanor to knowingly and wilfully resist the execution of process.