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Criminal Law : Resisting Arrest – Instructional Error – Sufficiency Of Evidence
Stephanie Maniscalco//April 21, 2015//
Criminal Law : Resisting Arrest – Instructional Error – Sufficiency Of Evidence
Stephanie Maniscalco//April 21, 2015//
Where a defendant stiffened his body and refused to exit a car forcing officers to pull him out, the evidence was sufficient to show that the defendant used physical force to resist arrest, but the verdict-directing instruction included an element of a crime with which the defendant had not been charged resulting in manifest injustice, so the judgment of conviction is reversed and remanded for a new trial on the resisting arrest count.
Judgment is reversed and remanded.
State v. Dudley (MLW No. 67690/Case No. ED100905 – 8 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.) Appealed from circuit court, St. Louis City, Ohmer, J. (Jessica M. Hathaway for appellant) (Chris Koster and Dora. A. Fichter for respondent).
Read the full text of this opinion. (PDF)
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