People v. Curtis
California Supreme Court
1Opinion of the CourtMosk, J.
Defendant Albert Allen Curtis appeals from a conviction of battery upon a peace officer, a felony. (Pen. Code, §243.) He challenges both the construction and the constitutionality of Penal Code section 834a and the second sentence of Penal Code section 243, as applied to an allegedly unlawful arrest. We conclude that the proper construction of these sections requires a reversal of defendant’s conviction.
Defendant was arrested on the night of July 9, 1966, by Lt. Riley of the Stockton Police Department. Riley was investigating a report of a prowler and had received a cursory description of the…
2Cases cited42 opinions
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