Edwards v. State

MAXWELL, J„

for the Court:

¶ 1. At the close of Joseph Edwards’s trial for simple assault on a law enforcement officer, the State — over Edwards’s objection — requested and was granted an instruction on misdemeanor resisting arrest as a lesser-included offense. Edwards was convicted of resisting arrest and, on appeal, argues the judge erred in giving what was actually a lesser-wow-included offense instruction — which the State is not entitled to request.

¶ 2. While this court and the supreme court have previously deemed resisting arrest a lesser-included offense of simple assault on a law…