208 So. 2d 746 - Smith v. State’s Empirical Analysis

Citation profile

1 federal appellate · 12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The offense of resisting arrest presupposes a lawful arrest. A person has a right to use reasonable force to resist an unlawful arrest. Pettis v. State, 209 Miss. 726 , 48 So.2d 355 (1950); Craft v. State, 202 Miss. 43 , 30 So.2d 414 (1947); 5 Am.Jur.2d Arrest § 94 (1962). The officer sought to arrest appellant for a misdemeanor, reckless driving. Although the arrest warrant for this misdemeanor had been issued and was in the sheriff's office, the arresting officer did not have the warrant in his possession at the time of arrest. In the absence of a statute to the contrary, and there is none in Mississippi, under the overwhelming weight of authority an officer making an arrest for a misdemeanor not committed in his presence must have the warrant for such arrest in his actual possession if the arrest is to be lawful. Restatement (Second) of Torts § 126 (1965); 1 Alexander, The Law of Arrest § 92, at 477 (1949); 5 Am.Jur.2d Arrest § 72 (1962); 6 C.J.S. Arrest § 4c (1937); Fisher, Laws of Arrest § 54, at 114-15 (1967); Prosser, The Law of Torts § 25 (3d ed. 1964)." 208 So.2d at 747 .”

   2 later decisions quote this exact passage
   e.g. 396 So. 2d 39 - Taylor v. State · Perkins v. Mississippi

2. “* * * when a person has committed a felony, though not in his presence; or when a felony has been committed, and he had reasonable ground to suspect and believe the person proposed to be arrested to have committed it * *.”

   1 later decision quote this exact passage
   e.g. 212 So. 2d 573 - Butler v. State