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Criminal Law : Instruction – Resisting Arrest – ‘Physical Interference’
Stephanie Maniscalco//January 14, 2016//
Criminal Law : Instruction – Resisting Arrest – ‘Physical Interference’
Stephanie Maniscalco//January 14, 2016//
Where a trial court submitted an instruction in a resisting arrest case that allowed the jury to find the defendant guilty of resisting his own arrest through “physical interference,” the court committed plain error because the language of the statute does not include physical interference in the crime of resisting one’s own arrest, so the case is reversed and remanded for a new trial.
Judgment is reversed and remanded.
State v. Wooten (MLW No. 68662/Case No. ED101573 – 4 pages) (Missouri Court of Appeals, Eastern District, Dowd, J.) Appealed from circuit court, St. Louis City, Sweeney, J. (Gwenda Renee’ Robinson for appellant) (Dora A. Fichter for respondent).
Read the full text of this opinion. (PDF)
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