PSA: THE LAW OF SELF DEFENSE, MUST READ!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! What rights then has a citizen in resisting an unlawful arrest? An arrest without warrant is a trespass, an unlawful assault upon the person, and how far one thus unlawfully assaulted may go in resistance is to be determined as in other cases of assault. Life and liberty are regarded as standing substantially on one foundation; life being useless without liberty, and the authorities are uninformed that where one is about to be unlawfully deprived of his liberty he may resist the aggressions of the officer, to the extent of taking the life of the assailant, if that be necessity to preserve his own life, or prevent infliction upon him of some great bodily harm. State v. Gum, 68 W. Va. 105, 69 S.E. 463, 464 (1910) It is the law that a person illegally arrested by an officer may resist that arrest, even to the extent of the taking of life if his own life or any great bodily harm is threatened. State v. Rousseau, 40 Wash. 2nd, 92, 241 P. 2nd. 447, 449 (1952); Porter v. State, 124 Ga. 297, 52 S.E. 283, 287 (1905); see also State v. Mobley, 240 N.C. 476, 83 S.E. 2nd 100, 102 (1954); Wilkinson v. State, 143 Miss. 324, 108 So. 711, 712-13 (1926); American Jurisprudence, 2nd Ed., Arrest, Section 94, pp. 778-780; Thomas v. State, 91 Ga. 204, 18 S.E. 305 (1892); Presley v. State, 75 Fla. 434, 78 So. 532, 534 (1918); Burkhard v. State, 83 Tex. Crim. 228, 202 S.W. 513; Mullins v. State, 196 Ga. 569, 27 S.E. 2nd. 91 (1943); Ownes v. State, 58 Tex. Crim. 261, 125 S.W. 405 (1910); Caperton v. Commonwealth, 189 Ky. 652, 655, 225 S.W. 481, 481 (1920) The United States Supreme Court, and every other court in the past deciding upon the matter, has recognized that at common Law, a person had the right to resist the illegal attempt to arrest him. John Bad Elk v. United States, 177 U.S. 529, 534-35 (1899) 1. State v. Robinson, 145 Me 77, 72 Alt. 2d 260, 262 (1950) 2. State v. Gum, 68 W. Va. 105 3. State v. Rouseau, 40 Wash. 2d. 92, 241, 242 P.2d 447, 449 (1952) 4. State v. Mobley, 240 N.C. 446, 83 S.E., 2d 100, 102 (1954) 5. Wilkinson v. State, 143 Miss. 324, 108 So. 711 6. Thomas v. State, 91 Ga. 204, 18 SE 305 7. Presley v. State, 75 Fla. 434, 78 So. 523 8. Burkhardt v. State, 83 Tex Crim 228, 202 S.W. 513 9. Mullis v. State, 196 Ga. 569, 27 SE 2d 91 (1943) 10. Owen v. State, 58 Tex Crim 261, 125 S.W.
Posted on: Tue, 20 Jan 2015 21:07:52 +0000
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