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STATE v. SPURR

No. 16799.

755 P.2d 1315 (1988)

114 Idaho 277

STATE of Idaho, Plaintiff-Respondent, v. Robert C. SPURR, Defendant-Appellant.

Court of Appeals of Idaho.

June 2, 1988.

Attorney(s) appearing for the Case

Michael J. Vrable, Hayden, for defendant-appellant.

Jim Jones, Atty. Gen. by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

In the magistrate division of the district court, a Kootenai County jury found Robert Spurr guilty of obstructing a police officer and committing a battery upon a police officer. When Spurr appealed the judgment, the district court affirmed. Spurr has appealed again, bringing us the following issues: (1) whether the magistrate erred in refusing to instruct the jury concerning a citizen's right to resist excessive force by police; (2) whether, in the...

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