Resistance
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RESISTANCE. The opposition of force to force.
2. Resistance is either lawful or unlawful. 1. It is lawful to resist
one who is in the act of committing a felony or other crime, or who
maliciously endeavors to commit such felony or crime. See self defence. And
a man may oppose force to force against one who endeavors to make an arrest,
or to enter his house without lawful authority for the purpose; or, if in
certain cases he abuse such authority, and do more than he was authorized to
do; or if it turn out in the result he has no right to enter, then the party
about to be imprisoned, or whose house is about to be illegally entered, may
resist the illegal imprisonment or entry by self-defence, not using any
dangerous weapons, and may escape, be rescued, or even break prison, and
others may assist him in so doing. 5 Taunt. 765; 1 B. & Adol, 166; 1 East,
P. C. 295; 5 East, 304; 1 Chit. Pr. 634. See Regular and Irregular Process.
3.-2. Resistance is unlawful when the persons having a lawful
authority to arrest, apprehend, or imprison, or otherwise to advance or
execute the public justice of the country, either civil or criminal, and
using the proper means for that purpose, are resisted in so doing; and if
the party guilty of such resistance, or others assisting him, be killed in
the struggle, such homicide is justifiable; while on the other hand, if the
officer be killed, it will, at common law, be murder in those who resist.
Fost. 270; 1 Hale, 457; 1 East, P. C. 305.