Rep. 828. Threats alone, unaccompanied by any effort or apparent intention to execute them, do not constitute the offence of resist ing an officer in the execution of lawful pro cess ; Statham v. State, 41 Ga. 507; nor do mere derogatory remarks addressed by a by stander to a policeman ; City of Chicago v. Brod, 141 Ill. App. 500; nor is it resistance to step in front of a policeman making an arrest, demand his number and remonstrate with him for ill treating the prisoner; Com. v. Sheriff, 3 Brewst. (Pa.) 343. A mere state ment by one about to be arrested that be will die first is not within a statute making it a crime to oppose arrest ; State v. Scott, 123 La. 1085, 49 South. 715, 24 L. R. A. (N. S.) 199, 17 Ann. Cas. 400.
An officer may arrest without warrant for the violation of a municipal ordinance com mitted in his presence; Village of Oran v. Bles, 52 Mo. App. 509; but in such case the offender must have a speedy trial or bearing; State v. Freeman, 86 N. C. 683 ; Judson v. Reardon, 16 Minn. 431 (Gil. 387) ; and the right exists whether such arrest is author ized by ordinance or not; Scircle v. Neeves,
47 Ind. 289; or if the charter confers on the officer the powers of a constable ; State v. Castieny, 34 Minn. 1, 24 N. W. 458; and a municipal ordinance authorizing such ar rests is valid ; White v. Kent, 11 Ohio St. 550; as is also a charter or general statute ; Mayo v. Wilson, 1 N. H. 53; Burroughs v. Eastman, 101 Mich. 419, 59 N. W. 817, 24 L.
R. A. 859, 45 Am. St. Rep. 419; Jones v. Root, 6 Gray (Mass.) 435; but such arrest is not authorized if the offense is not committed in the presence of the officer ; Pesterfield v. Vickers; 3 Coldw. (Tenn.) 205; State v. Belk, 76 N. C. 10, where it was also said that the right to arrest in such cases does not neces sarily exist. But an ordinance authorizing arrest at the will of the officer without pro viding an opportunity for trial or prelim inary examination is void and will not pro tect the officer even if acting in good faith ; State v. Hunter, 106 N. C. 796, 11 S. E. 366, 8 L R. A. 529.
As to the power to make arrest without a warrant, see Porter v. State, 124 Ga. 297, 52