State v. Malnati

According to testimony introduced by the State, the respondent used loud, profane and indecent language, at about 12.30 a.m., while outside an all-night lunch room. He was cautioned to refrain by police officer Holland, but, as he entered the lunch room, he persisted in his objectionable behavior. Holland then went inside and placed him under arrest. He resisted vigorously, but was finally overpowered by the policeman, assisted by police officer Leslie. In the course of the scuffle he kicked Holland in the abdomen, inflicting a painful injury. This is the act charged against him on his trial…