Legal Opinion
Rodgers v. State
Court of Appeals of Maryland
Decided June 6, 1977No. [No. 92, September Term, 1976.]PublishedCited by 38 opinions
1Opinion of the CourtSweeney, J.
In this case we are asked to decide whether a citizen was entitled to resist an arrest made upon a warrant that was defective on its face. The warrant in question charged that Barry Rodgers (Appellant’s full name is Zachariah Barry Rodgers) “unlawfully did assault one Lillie Clark, via telephone, by threatening then and there to do bodily harm unto her in Balto. City, Md. on 5 July 1974.” The State concedes that one cannot commit an assault “via'telephone.” Therefore, as the warrant was defective, the arrest was illegal as a matter of law.
The agreed statement of facts (Maryland Rule 828 g)…
2Cases cited42 opinions
- United States v. Di ReSupreme Court of the United States · 1948
- Walker v. City of BirminghamSupreme Court of the United States · 1967
- People v. CurtisCalifornia Supreme Court · 1969
- Bad Elk v. United StatesSupreme Court of the United States · 1900
- United States v. Piero Heliczer, Jack William Martin, Iii, and Jack v. SmithCourt of Appeals for the Second Circuit · 1967
37 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. WiegmannCourt of Appeals of Maryland · 1998
- State v. ValentineWashington Supreme Court · 1997
- Diehl v. StateCourt of Appeals of Maryland · 1982
- Watkins v. StateCourt of Appeals of Maryland · 1980
- Busch v. StateCourt of Appeals of Maryland · 1981
33 more not listed; retrieve them via the Exa API.