Appling v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; It is no offense to resist an officer unless in the performance of an official duty. 29 Cyc. 1333-4. The warrant being void, they were not officers, but trespassers.
Read the full summary
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; It is no offense to resist an officer unless in the performance of an official duty. 29 Cyc. 1333-4. The warrant being void, they were not officers, but trespassers. Art 2, § 15, Const. 1874; Kirby’s Dig., § 5145. The search and seizure law is void, because in conflict with 'sec. 15 of the bill of rights. 70 Ark. 94. Failure to overrule a demurrer to a defective affidavit is no ground for reversal. 86 Ark. 436; Kirby’s Dig., § 2506. Where the warrant has been issued by a court having jurisdiction of the subject-matter and is regular on…
1Opinion of the CourtMcCulloch, C. J.
Appellant was prosecuted before a justice of the peace of Sebastian County, on information filed by the deputy prosecuting attorney, for the offense of obstructing or resisting an officer in the service of process. She was convicted, and appealed to the circuit court, where she was tried and again convicted, her punishment being fixed at a fine of $50, which is the minimum prescribed by the statute.
The form of the writ which the officer was executing when resisted is not set forth in the bill of exceptions, but the witnesses testified, without objection, that it was a writ issued by the mayor…
2Cases cited9 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Sandford v. NicholsMassachusetts Supreme Judicial Court · 1816
- Rogers v. MullinerNew York Supreme Court · 1831
- Fox v. WoodSupreme Court of Pennsylvania · 1829
- Putman v. StateSupreme Court of Arkansas · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. MerrifieldSupreme Court of Kansas · 1956
- Rodgers v. StateCourt of Appeals of Maryland · 1977
- State v. DonnerSupreme Court of Iowa · 1976
- Williams v. StateSupreme Court of Arkansas · 1973
- State v. BradshawMontana Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.