State v. Smith

JiTHOMAS W. TANNER, Judge Pro Tern.,

dissenting.

I dissent. The majority opinion finds that defendant offered no evidence to the jury from which it could infer that he was resisting arrest, and that his resisting-arrest defense was inapplicable under the facts. However, La.R.S. 14:108 defines resisting arrest as the intentional obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest; “obstruction” means “flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.” Here,…