State v. Spurr

BURNETT, Judge.

In the magistrate division of the district court, a Kootenai County jury found Robert Spurr guilty of obstructing a police officer and committing a battery upon a police officer. When Spurr appealed the judgment, the district court affirmed. Spurr has appealed again, bringing us the following issues: (1) whether the magistrate erred in refusing to instruct the jury concerning a citizen’s right to resist excessive force by police; (2) whether, in the circumstances of this case, separate convictions for battery upon a police officer and for obstructing an officer would constitute…