People v. Davenport

When a police officer attempted to arrest defendant without a warrant for the misdemeanor of being a disorderly person by uttering obscene words in public, defendant resisted. A *581district court jury found defendant not guilty of the charge of being a disorderly person. Lansing ordinances, ch 22, . § 22-13(7). Some months later a circuit court jury convicted defendant of the felony of resisting arrest. MCLA 750.479; MSA 28.747.

Prior to his trial in circuit court defendant timely moved to dismiss the charge of resisting arrest. He claimed that his acquittal on the charge of being a disorderly…