State v. Carlson

Appellant was charged with aggravated assault and resisting arrest. He was convicted of simple assault and resisting arrest. We reverse and remand for new trial.

On December 23,1978, appellant’s mother called the Mitchell police station and asked the police to go to her home and talk to appellant. Two. policemen went to the Carlson home; appellant answered the door. The policemen testified that they entered the house after appellant opened the door and stepped aside. Appellant testified that the policemen pushed their way into the house after he told them that he would talk to them “right…