Legal Opinion

State v. Rhodes

Court of Appeals of North Carolina

Decided October 6, 1981No. 8118SC215PublishedCited by 2 opinions

1Opinion of the Court

CLARK, Judge.

Defendant first makes the argument that the trial court erred in failing to instruct the jury on his right to resist an arrest pursuant to an illegal entry into his home.

We reject the argument on the ground that there is no evidence of an illegal entry into defendant’s home. Defendant does not question the validity of the order for his arrest which Officer Hastings had in his possession. Hastings knocked on the door of the home and entered at the invitation of the defendant, who then read and understood the warrant for his arrest. There is no question about the legality of…

2Cases cited9 opinions

  1. State v. HarveySupreme Court of North Carolina · 1972
  2. State v. SparrowSupreme Court of North Carolina · 1970
  3. State v. AlstonSupreme Court of North Carolina · 1978
  4. State v. SummrellSupreme Court of North Carolina · 1972
  5. State v. . FainSupreme Court of North Carolina · 1948

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. SakellsonNorth Dakota Supreme Court · 1985
  2. State v. SakellsonNorth Dakota Supreme Court · 1985

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