Legal Opinion
State v. Mobley
Supreme Court of North Carolina
Decided July 9, 1954No. 506Published
1Opinion of the Court
83 S.E.2d 100 (1954)
240 N.C. 476
STATE
v.
MOBLEY.
No. 506.
Supreme Court of North Carolina.
July 9, 1954.
Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., for the State.
R. Gregg Cherry, Ernest R. Warren, and Charles E. Hamilton, Jr., Gastonia, for defendant, appellant.
JOHNSON, Justice.
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…
Also in this document: Concurrence.
2Cases cited61 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Garske v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- United States v. SlusserDistrict Court, S.D. Ohio · 1921
- State v. MobleySupreme Court of North Carolina · 1954
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
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