STATE v. WILLIAMS

No. 3616-2-III.

29 Wn. App. 86 (1981)

627 P.2d 581

THE STATE OF WASHINGTON, Appellant, v. JEROLD D. WILLIAMS, Respondent.

The Court of Appeals of Washington, Division Three.

April 23, 1981.


Attorney(s) appearing for the Case

Paul A. Klasen, Jr., Prosecuting Attorney, and Robert M. Boggs, Deputy, for appellant.

Monty Hormel, for respondent.


MUNSON, J.

The State appeals a dismissal of a third degree assault charge arising when the defendant, Jerold Williams, struck a policeman to avoid a warrantless arrest. The trial court held defendant could not have committed the offense charged because the third degree assault statute, RCW 9A.36.030, applies only to assaults "committed with intent to prevent or resist the execution of any lawful process or mandate of any court officer, or the lawful apprehension or...

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