State v. Elbaum

Two issues have been raised by the defendant :(1) Is the crime of resisting an officer a lesser-inelud-ed offense in the crime of battery to a peace officer ?(2) Do the Wisconsin and federal constitutional prohibitions against double jeopardy bar prosecution against the defendant for battery to a peace officer ?

The first issue has recently been resolved against the defendant by our opinion in State v. Zdiarstek (1972), 53 Wis. 2d 776, 785, 193 N. W. 2d 833. This case holds that resisting or obstructing an officer is not a lesser-included offense of the crime of battery to a peace officer:

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