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IN RE JEREMIAH W.

No. 3588.

353 S.C. 90 (2003)

576 S.E.2d 185

In the Interest of JEREMIAH W., a minor under the age of seventeen years, Appellant.

Court of Appeals of South Carolina.

Decided January 6, 2003.

Rehearing Denied February 20, 2003.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Deputy Attorney General Harold M. Coombs, Jr., of Columbia; Edgar Lewis Clements, III, of Florence, for State of South Carolina.

HEARN, C.J.:

Jeremiah W. appeals his convictions for breach of the peace and threatening a public official, arguing the trial court erred in failing to grant his motions for directed verdict because (1) his arrest for breach of the peace was unlawful, and (2) he was entitled to resist the arrest so that his actions and comments following the arrest did not constitute a threat against a public official. We reverse.

FACTS

In June 2000, two uniformed...

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