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6 Ark. L. Rev. 46 (1951-1952)
The Obstruction of Justice by Interference with a Law Enforcement Officer's Performance of Duty

handle is hein.journals/arklr6 and id is 48 raw text is: The Obstruction of Justice by Interference
with a Law Enforcement Officer's
Performance of Duty
Obstruction of or resistance to a law enforcement officer in the
performance of his duties is an offense both at common law and by
statute in all jurisdictions.' What constitutes this offense, however,
is not always easily ascertainable. The phrase obstructing justice
has been defined and interpreted in such diverse ways that unless
some authoritative statements about it are read along with the common
law rule or statute sought to be applied, the language is practically
meaningless. Thus the word obstruct has meant to impede,2 to
hinder or prevent from    progress,3 to oppose,4 to resist5 or to inter-
rupt6 the due course of justice. Statutory definitions are perhaps
even more confusing than common law ones, since the legislature
in one jurisdiction may select as descriptive of the offense a single
word7 which later proves synonymous with a series of two, three, four
or more words8 used by another jurisdiction in defining the term,
even though a jurisdiction of the latter type frequently includes in
its series9 the word solely employed by the former. Although many
statutes do not expressly include the word knowingly, scienter ap-
pears to be an essential element of the crime of resisting an officer
in the performance of his duties.'0 Such statutory companion terms
as oppose or resist are generally construed conjunctively, and an
indictment charging that defendant did obstruct and resist the exe-
cution of process does not allege two distinct and different offenses.'2
'See State v. Hartung, 239 Iowa 414, 30 N.W.2d 491 (1948); Loveless v.
Commonwealth, 241 Ky. 82, 43 S.W.2d 348 (1931); People v. Arnett, 239 Mich.
123, 214 N.W. 231 (1927); State v. Wyckoff, 8 N.J. Misc. 149, 149 At. 124
(Sup. Ct. 1930).
'People v. Ormsby, 310 Mich. 291, 17 N.W.2d 187 (1945).
'Bathke v. Mykiebust, 69 S.D. 534, 12 N.W.2d 550 (1944).
'State v. Perry, 109 Iowa 353, 80 N.W. 401 (1899).
'State v. Welch, 37 Wis. 196 (1875).
*Lamon v. Gold, 72 W. Va. 618, 79 S.E. 728 (1913).
'E.g., Wis. STAT. § 345..9 (1947) (Any person who shall knowingly resist
any officer . . .).
'ARK. STAT. (1947) § 11-2801 (... obstruct or resist . . .); IDAHO CODE
§ 18-705 (1947) (. . . resists, delays or obstructs . . .); W. VA. CODE § 6015
(1943) (Any person who by threats, menaces, acts or otherwise, shall forcibly
or illegally hinder, obstruct, or oppose, or attempt to obstruct or oppose . . .).
'Compare Wisconsin with the Arkansas and Idaho statutes in the two preced-
ing notes.
State v. Gros, 216 La. 103, 43 So.2d 232 (1949). See Putman v. State,
49 Ark. 449, 5 S.W. 715 (1387) (indictment sufficient if it charged offense sub-
stantially in statutory language); People v. Haley, 48 Mich. 495, 12 N.W. 671
(1882) (if one is too drunk to be capable of forming statutory intent, he is free
of guilt).
Caldwell v. State, 32 Ala. App. 228, 23 So.2d 876 (1945).
Slicker v. State, 13 Ark. 397 (1853).

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