State v. Day

[¶ 1] Robert Day appeals from a judgment entered in the Superior Court (Lincoln County, Atwood, J.) following his conviction for refusing to submit to arrest or detention in violation of 17-A M.R.S.A. § 751-A (Supp. 1998). 1 Day contends that the court erred when it instructed the jury on both the defense for refusing to submit to arrest, section 751-A(2)(A), 2 and inconsistent provisions of 17-A M.R.S.A. § 108G-A) (Supp.1998) 3 re lating to the use of force in defense of a person. Because the instruction on the first sentence of section 108(1-A) was inconsistent with the defense provided in…