Berg v. State

The police were called when, after running up a $33 bar and dinner bill, Berg was unable to pay. Berg was abusive, threatening, and resistant when the officers decided to arrest him for defrauding an innkeeper. Later, while Officer Lynch was holding Berg down for a medical check, Berg told him to let go of his legs and kicked the officer.

During deliberations, the jury asked if accidentally kicking the officer while resisting arrest would constitute doing violence to the officer. The court responded that the jury should determine that from the evidence it had heard and the court’s…