State v. Knapf

Citations

• 50 Wash. 229
• 1908 Wash. LEXIS 700

Syllabus

<p>Obstructing Justice. An information for resisting an officer in serving or attempting to execute any legal writ, rule, order or process as defined by Bal. Code, § 7208, is defective where it simply charges unlawfully resisting an officer in the levying of an execution issued by a justice of the peace on a certain judgment; but the same must aver that the process was a “legal” process in the language of the statute, or set out its terms so as to show the essentials of a legal process.</p> <p>Same — Evidence—Admissibility—Legality of Process — Knowledge of Officer. In a prosecution for resisting an officer in the levying of an execution which was fair on its face, it is error to exclude evidence of an infirmity in the judgment and that the officer had notice thereof; since an officer is not protected by a writ fair on its face unless he acted in good faith, and would be a trespasser if he had notice of the invalidity of the writ.</p>