State v. Scott

Citations

• 123 La. 1085
• 49 So. 715
• 1909 La. LEXIS 822

Syllabus

<p>'Obstructing Justice (§ 3*) — Resisting Officer-Statutes.</p> <p>Under the statute making it a crime to “oppose, resist, or assault any officer while attempting to” execute process, any conduct which places an officer executing a process in bodily fear renders the offender guilty; but mere spoken words, such as one saying that he would not be arrested and would die first, do not necessarily ■constitute a violation of the law. To constitute .an offense, it is necessary that the words should .he spoken under circumstances affording the officer reasonable ground to believe that he could not proceed with the arrest without incurring ■evident risk 'of serious injury.</p> <p>[Ed. Nóte. — Eor other cases, see Obstructing Justice, Cent. Dig. § 4; Dec. Dig. § 3.*]</p>