Stone v. State

KLEIN, Judge.

Defendant was convicted of resisting arrest without violence and asserts that the trial court erred in instructing the jury that “a criminal investigation constitutes a lawful execution of legal duty.” We affirm.

A police officer, in response to a telephone call to the effect that two shots had been fired in the area of defendant’s home, drove to defendant's neighborhood and observed defendant carrying a shotgun. When the officer ordered defendant to drop the weapon, defendant threw it underneath his vehicle. The officer testified that he then requested defendant and his companion…