People v. Gasparas

Defendant was found guilty by a jury of resisting arrest and after a judgment on the verdict was sentenced to one year’s probation and a fine of $50 plus costs. On appeal he contends that a verdict of not guilty should have been directed because (1) the man who arrested him was not a police officer, (2) acquittal of the charges for which he was arrested requires acquittal of the charge of resisting arrest, (3) he was not proven guilty beyond a reasonable doubt and (4) the complaint was defective in that it failed to allege the municipality, county or state where the crime charged took place.…