Logan v. State, s. 51275
Decision Date | 14 November 1975 |
Docket Number | Nos. 51275,51276,No. 3,s. 51275,3 |
Citation | 136 Ga.App. 567,222 S.E.2d 124 |
Parties | T. F. LOGAN, Jr. v. The STATE. W. J. TRIPP v. The STATE |
Court | Georgia Court of Appeals |
John W. Timmons, Jr., Athens, for appellants.
Ken Stula, Sol., Athens, for appellee.
Defendants appeal from their arrest and conviction for obstructing an officer, which resulted from their entry onto and quarrelsome presence on premises which were being searched subsequent to an arrest.
1. There is no merit in defendants' first enumeration of error. The trial judge charged the jury that 'it must be shown to you beyond a reasonable doubt that the defendants knowingly and wilfully obstructed or hindered officer Willard Fell in the lawful discharge of his official duties.' The court went on to give the legal definition of 'wilful' and 'knowing.'
The judge charged that These charges do not shift the burden of proof to the defendant. They merely instruct the jury as to the minimum evidentiary requirement placed upon the state to establish its case. See Allen v. State, 21 Ga. 217, 68 Am.Dec. 457; Howell v. State, 162 Ga. 14, 21, 134 S.E. 59.
In the instant case, the state offered evidence that the defendant had been told that the group searching the premises were police officers (T. 53). Moreover, three of the officers present testified that the defendants alternatively referred to the officers as 'cops,' 'narcs,' and 'pigs' (T. 8, 20, 24, 30, 34, 53). This was sufficient to authorize the jury to find that defendants Tripp and...
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Wagner v. State, A92A1295
...to give his name to the police officer. Whether a defendant impeded an officer in carrying out his lawful duties (see Logan v. State, 136 Ga.App. 567, 568, 222 S.E.2d 124) is usually a jury question, except where there is no conflict in the evidence and all reasonable deductions and inferen......
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City of Grand Forks v. Cameron
...by an officer to do so may constitute obstruction. See United States v. Trudell, 563 F.2d 889 (8th Cir.1977); Logan v. State, 136 Ga.App. 567, 222 S.E.2d 124 (1975); Ratliff v. State, 133 Ga.App. 256, 211 S.E.2d 192 (1974). We also note that Sec. 9-0202 of the Grand Forks City Code of 1987,......
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Dixon v. State, 59303
...that any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Logan v. State, 136 Ga.App. 567, 222 S.E.2d 124 (1975); see Boyd v. State, 244 Ga. 130(5), 259 S.E.2d 71 Appellant also contends that the subjects were being arrested under an unc......
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Woodward v. State
...conduct. Whether a defendant impeded an officer in carrying out his lawful duties is usually a jury question. Logan v. State, 136 Ga.App. 567, 222 S.E.2d 124 (1975). Defendant was arrested for refusing to leave the public building, after having been directed to do so either after transactin......