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STATE v. HORNADAY

No. 50895-0.

105 Wn.2d 120 (1986)

713 P.2d 71

THE STATE OF WASHINGTON, Respondent, v. KEVIN HORNADAY, Petitioner.

The Supreme Court of Washington, En Banc.

January 16, 1986.

Attorney(s) appearing for the Case

Scot D. Stuart, for petitioner (appointed counsel for appeal).

Douglas S. Boole, Prosecuting Attorney, and Melanie Paige Romo, Deputy, for respondent.

CALLOW, J.

A juvenile, Kevin Hornaday, appeals his conviction for resisting arrest. He contends that his arrest for illegal consumption or possession of alcohol was unlawful because he was taken into custody without a warrant and the alleged commission of the misdemeanor did not occur "in the presence" of the arresting officer. He argues that he cannot be guilty of resisting arrest because the arrest itself was unlawful...

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