Public-domain · open source
OpenJurist

Resist

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To oppose, meet force with force; to hinder, prevent. Whence resistirg, resistance.

See Defense, 1.

Kesistance to a legal arrest is criminal, though the accused be innocent of the charge.' " Besisting " does not necessarily imply assaulting or beating an officer.' "Every person who knowingly and willfully obstructs, resists, or opposes any officer of the United States in serving, or attempting to serve or execute, any mesne process or warrant, or any rule or order of any court of the United States, or any other legal or judicial writ or process," shall be imprisoned not more than twelve months, and fined not more than three hundred dollars.' The offense is complete when the person refuses to go with the officer.' Eesistance to an officer is opposing hun by direct, active, and more or less forcible means. It implies something more than hindering, interrupting, preventing, baffling or circumventing. The gist of the offense is personal resistance, that is, personal oppo- 1 [2 Bl. Com. 614. ! Johnson v. Holifleld, 82 Ala. 127 (1886). > Barbour v. United States, 17 Ct. CI. 163-B4 (1881), cases. « Edwards v. United States, 103 U. S. 473-74 (1880), cases, Bradley, J.; State v. Clayton, 27 Kan. 446 (1882j, cases, Brewer, J.; State v. Boecker, 66 Mo. 81 (1874). » Floyd V. State, 82 Ala. 23 (1886). » Woodworth v. State, 26 Ohio St. 196 (1875). sition to the exercise of official authority or duty, by -direct, active, in some degree forcible, means. A person may not resist or obstruct an officer after he has made a seizure of property.' See Akkest, 2. RESOLUTION". See By-law, 3.