State v. Kerr

PRICE, Judge.

Appellant, William H. Kerr (Kerr), was convicted of assault of a law enforcement officer pursuant to § 565.082.1(3), RSMo 1994.1 Kerr appeals, alleging that the statute is unconstitutionally overbroad in violation of the equal protection clauses of the United States and Missouri Constitutions. We affirm.

I

On February 20, 1994, at approximately 2:00 a.m., Police Officer Paul Whetstone was sitting in his patrol car, which was parked on the shoulder of the road along Highway 171 in Jasper County. Officer Whetstone had just arrived at the scene to investigate an accident that had…