to retry Gallagher instructing the jury on the defense of reasonable resistance to an unlawful entry.
Although Gallagher's arrest was unlawful due to the absence of an arrest warrant or exigent circumstances to justify the entry into Gallagher's home, circumstances distinguishable from ours, we draw the same line as did the Connecticut court. That line extends across the doorway of Casselman's house and separates his situation from that of Fields and Williams who knowingly resisted arrests in public places. The common law right to resist such arrests has been abrogated; the right to offer reasonable resistance to an unlawful entry has not.
The modern trend itself supports this conclusion based as it is on the premise that the attempted arrest is a peaceful one. The justification for stripping a citizen172.
The writ of attachment herein was issued by the Elkhart County Court after Casselman twice failed to appear for proceedings supplemental to a judgment entered against him. The arrest order commanded Casselman to appear before the court and show cause why he should not be held in contempt for failing to appear at the two prior hearings. The court issuing the arrest order was wholly without notice of a pending bankruptcy proceeding involving Casselman.
By executing the writ, as directed, Wofford was properly fulfilling his official duties, acting upon an arrest order valid on its face. Law enforcement officers must not be required to discern and decide all issues of law before attempting to serve an arrest order which in all respects appears to be valid. Casselman makes no