Hunt

The people appeal from an order of the trial court sustaining a general demurrer to the information. Section 148 of the Penal Code provides: “Every person who willfully resists, delays, or obstructs any public officer in the discharge or attempt to discharge any duty of his office .... is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years.” Under authority found in this section of the code the defendant was charged with a misdemeanor as follows: “That the said James Hunt, on the twenty-second day of August, 1897, at the county and state aforesaid, did willfully, unlawfully, and feloniously resist, delay, and obstruct one C. Shanks in the discharge and at *282 tempt to discharge Ms duties as a public officer, he, the said C. Shanks, being then and there a duly appointed, qualified, and acting deputy sheriff of Los Angeles county, and being then and there engaged as such deputy sheriff in arresting James Hunt, who was then and there willfully and unlawfully disturbing the peace.” The sufficiency of this information is attacked upon two grounds: 1. It is claimed the allegation that defendant did “resist, delay, and…