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Criminal Law : Resisting Arrest – Instruction – Physical Interference

Stephanie Maniscalco//April 9, 2014//

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Criminal Law : Resisting Arrest – Instruction – Physical Interference

Criminal Law : Resisting Arrest – Instruction – Physical Interference

Stephanie Maniscalco//April 9, 2014//

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Where a defendant challenged a verdict-directing for a charge of , the instruction allowed the jury to find him guilty if he physically interfered in his own arrest but the term “physical interference” in the statute only refers to interfering with someone else’s arrest, so the instruction was erroneous and the state was relieved of its burden to prove that he resisted arrest by one of the means set forth in the statute, so the error resulted in manifest injustice, and the judgment is reversed.

Judgment is reversed and remanded.

State v. Meeks (MLW No. 66253/Case No. ED99727 – 11 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.) Appealed from circuit court, St. Louis City, Grady, J. (Edward S. Thompson for appellant) (Todd T. Smith for respondent).

Read the full text of this opinion. (PDF)

 

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