State v. Brandon

In this criminal case, defendant was charged with two counts of resisting arrest. ORS 162.315. Defendant pled not guilty and was found guilty of the first count (resisting the arrest of his wife) and not guilty of the second count (resisting his own arrest).

ORS 162.315(1) provides:

"(1) A person commits the crime of resisting arrest if he intentionally resists a person known by him to be a peace officer in making an arrest.” (Emphasis supplied.)

After the state rested, defendant moved for dismissal of the first count on the ground that one cannot be charged under this statute with resisting…