ROBERTS v. STATE

No. 85-82.

711 P.2d 1131 (1985)

Michael E. ROBERTS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 31, 1985.


Attorney(s) appearing for the Case

Leonard D. Munker, State Public Defender, Cheyenne, and Martin J. McClain, Appellate Counsel, argued, Laramie, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John R. Renneisen and Mary B. Guthrie, argued, Sr. Asst. Attys. Gen., for appellee.

Before THOMAS, C.J., and ROONEY, BROWN and CARDINE, JJ., and RAPER, J., Retired.


CARDINE, Justice.

Appellant Michael Roberts was convicted of resisting arrest in a jury trial in county court. His conviction was affirmed by the district court. The primary issue for our consideration is whether a conviction under our resisting arrest statute can be upheld when the arresting officer unwittingly relies upon an invalid warrant in making the arrest. We affirm.

On the morning of October 31, 1983, Officer...

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