People v. Davenport

On Remand

R. B. Burns, J.

When a Lansing police officer attempted to arrest defendant for the ordinance violation of being a disorderly person by uttering obscene words in public, Lansing ordinances, ch 22, § 22-13(7), defendant resisted. A district court jury acquitted defendant of the charge of being a disorderly person. Some months later a circuit court jury convicted defendant of the felony of resisting arrest, MCLA 750.479; MSA 28.747. Defendant timely appealed that conviction, and we affirmed over the dissent of Judge Bronson. 46 Mich App 579; 208 NW2d 562 (1973). Now, the case has been…