State v. Bryson

Although I agree that the conviction for pointing a firearm should be vacated for the reasons stated in the majority *117opinion, I am compelled to dissent as to the conviction for resisting arrest.

The indictment as originally drawn charged Bryson with assault on a police officer while resisting arrest. The jury acquitted him of that charge, but convicted him of the lesser-included offense of resisting arrest. See State v. Ritter, 296 S.C. 61, 370 S.E.2d 610 (1988) (16-9-320(B) includes all of the elements of section 16-9-320(B)—knowingly and willfully resisting a lawful arrest—subsection (A) is…