PEOPLE v. YUEN (1939)

In denying the petition of the appellants for a hearing herein after decision by the District Court of Appeal we withhold approval of the conclusions of law contained in the following portion of the opinion appearing in 89 P.2d 438, at page 443, first column:

‘They attempted to justify their resistance upon the ground that they were entitled to resist an unlawful attack upon them by the sheriff. That, however, is not the law. It is the duty of a citizen to obey the commands of a peace officer given in his line of duty. If the officer is exceeding his authority, the recourse of the citizen is to the courts and not to open resistance.’

The petition for a hearing is denied.

PER CURIAM.

HOUSER, J., voted for a hearing.