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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law : Resisting Arrest – Sufficiency Of Evidence – Mental State

Criminal Law : Resisting Arrest – Sufficiency Of Evidence – Mental State

Where a defendant who was found guilty of resisting arrest argued that neither the statute nor the instruction required proof of a culpable mental state, the statute did not exclude any mental state, and refers to “the statute defining the offense” as indicating the mental state, which was “reasonably should know,” so the defendant’s challenge failed, and the evidence was sufficient to support the conviction where reasonable jurors could believe that the defendant heard an officer shout that he was under arrest and that he knew that officers chasing him on foot and in squad cars wanted to arrest him.

Judgment is affirmed.

State v. Marshall (MLW No. 68228/Case No. SD33384 – 5 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from circuit court, Crawford County, Head, J. (Ellen H. Flottman, Columbia, for appellant) (Dora A. Fichter, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)