State v. Ritter

Harwell, Justice:

Appellant was convicted of assaulting, beating, or wounding a law enforcement officer while resisting lawful arrest in violation of S. C. Ann. § 16-9-320(b) (1985). He claims that § 16-9~320(a), resisting lawful arrest, is a lesser included offense which should have been charged to the jury. We agree and reverse and remand for a new trial.

Two deputies answered a domestic dispute call from the apartment where Ms. Govan, her “live-in” boyfriend (appellant), and her daughter resided. Upon entering, the deputies noticed that furniture was overturned, a lamp was broken, and the…