State v. Shell

FOSHEIM, Justice.

Appellant was convicted by a Tripp County jury of simple assault and resisting arrest. This appeal is from the judgment on the verdicts. We affirm.

Early on June 20, 1979, Officer Curtis Blasy of the Winner, South Dakota, Police Department responded to a disturbance report at a local truck stop. Upon his arrival, he found no disturbance, but noticed a parked automobile in which appellant was seated on the passenger side. The officer approached the vehicle and observed several open beer and liquor containers. Appellant exited from the vehicle and began to walk away, at which…