State v. Mobley

The offense of resisting arrest, both at common law and under the statute, G.S. 14-223, presupposes a lawful arrest. It is axiomatic that every person has the right to resist an unlawful arrest. In such case the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense. S. v. Beal, 170 N.C. 764, 87 S.E. 416; S. v. Allen, 166 N.C. 265, 80 S.E. 1075; S. v. Belk, 76 N.C. 10; S. v. Bryant, 65 N.C. 327; S. v. Kirby, 24 *479N.C. 201; S. v. Curtis, 2 N.C. 471; 4 Am. Jur., Arrest, Sec. 92; 6 C.J.S., Arrest, See. 13, p. 613. See also 28…