Smith v. State

DICE, Judge.

The conviction is for unlawfully resisting arrest in a misdemeanor case; the punishment, a fine of $500.

The prosecution is under Art. 339, V.A.P.C. which provides in part: “If any person shall willfully oppose or resist an officer in executing or attempting to execute any lawful warrant for the arrest of another person in a misdemeanor case, or in arresting or attempting to arrest any person without a warrant, where the law authorizes or requires the arrest to be made without a warrant, he shall be fined, etc.”

The complaint and information alleged in substance that the appellant…