State v. Callahan

CALLISTER, Chief Justice.

The State appeals from a criminal prosecution, tried before the court, wherein defendant was found not guilty.

Defendant was tried for a violation of Sec. 76-28-54, U.C.A.1953, an indictable misdemeanor. Specifically, he was charged with wilfully and unlawfully resisting a public officer in discharging or attempting to discharge the duty of his office in making a lawful arrest.

*305In a memorandum decision, the trial court determined:

I therefore hold that the section under which the officer was attempting to make an arrest is a nullity and therefore an unlawful arrest,…