State v. Furne

WELLIVER, Judge.

Appellant appeals his conviction under § 575.150, RSMo 1978, 1 of the class D felony of resisting arrest. This Court has jurisdiction because appellant challenges the constitutionality of that statute. Mo. Const, art. V, § 3. It is unnecessary to decide the constitutional question, but “jurisdiction once acquired is not lost because the appeal may be disposed of on other grounds.” Hardware Mutual Casualty Co. v. Bearden, 528 S.W.2d 754, 756 (Mo. banc 1975), appeal dismissed and cert. denied, 424 U.S. 960, 96 S.Ct. 1451, 47 L.Ed.2d 727 (1976). We reverse.

At approximately 11:50…