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35 Or. App. 661

State v. Brandon

Court of Appeals of Oregon

Decided August 8, 1978

Court of Appeals of Oregon · decided 1978-08-08

Cited by 2 later decisions — most recently August 2005

Applies OR 162 § 162.315

Good law ✅— No negative treatment on recordhow we know

Decided 1978-08-08

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LEE, J.

¶1In this criminal case, defendant was charged with two counts of resisting arrest. ORS 162.315. Defendant pled not guilty and was found guilty of the first count (resisting the arrest of his wife) and not guilty of the second count (resisting his own arrest).

¶2ORS 162.315(1) provides:

"(1) A person commits the crime of resisting arrest if he intentionally resists a person known by him to be a peace officer in making an arrest.” (Emphasis supplied.)

¶3After the state rested, defendant moved for dismissal of the first count on the ground that one cannot be charged under this statute with resisting another person’s arrest.

¶4The purpose of ORS 162.315 is to reduce challenges to arrest made under color of law because such challenges foster civil disorder and disrespect for the law. See Proposed Oregon Criminal Code 204, Commentary (A), § 206 (1970). To effect this purpose, both arrested persons and others are subject to the penalties of resisting arrest. Statutes must be construed as a whole with a view to effecting the overall policy which statutes are intended to promote. Wimer v. Miller, 235 Or 25, 30, 383 P2d 1005 (1963); State v. Laemoa, 20 Or App 516, 526, 533 P2d 370, rev den (1975).

¶5Although ORS 162.315(1) does not specifically state that "an arrest” includes the arrest of another, the language of the statute includes that concept. Resisting the arrest of another is as plainly the resistance of "an arrest” as the resistance of one’s own arrest.

¶6We hold that the language of ORS 162.315 includes resisting the arrest of another person.

¶7Affirmed.

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