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Home / Opinion Digests / Criminal Practice / Criminal Practice — Resisting an Officer – Indictment Allegations – Reason for Arrest – Surplusage (access required)

Criminal Practice — Resisting an Officer – Indictment Allegations – Reason for Arrest – Surplusage (access required)

The indictment alleged that defendant resisted a public officer who was attempting to take defendant into custody for processing narcotics; however, the evidence at trial showed that defendant ran from the officer after a small amount of marijuana was seized from his person. The duty the officer was carrying out, when defendant resisted, was exactly ...

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