State v. Long

SHRUM, Judge.

The defendant William R. Long appeals his conviction, in a court-tried case, of the class A misdemeanor of resisting arrest. The state charged in its information that a highway patrolman was making an arrest of the defendant for failure to register a motor vehicle annually, and the defendant, knowing that the officer was making an arrest, resisted arrest by fleeing. We are asked to decide two questions: Whether there was a fatal variance between the state’s charge and the evidence adduced at trial and whether the state failed to prove an essential element of the offense. Because…