[DOWNLOAD] "State Missouri v. Rodney D. Furne" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Rodney D. Furne
- Author : Supreme Court of Missouri En Banc
- Release Date : January 03, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellant appeals his conviction under § 575.150, RSMo 1978, 1 of the class D felony of resisting arrest. This Court has jurisdiction because appellant challenges the constitutionality of that statute. Mo. Const. art. V, § 3. It is unnecessary to decide the constitutional question, but jurisdiction once acquired is not lost because the appeal may be disposed of on other grounds. Hardware Mutual Casualty Co. v. Bearden, 528 S.W.2d 754, 756 (Mo. banc 1975), appeal dismissed and cert. denied, 424 U.S. 960 (1976). We reverse. At approximately 11:50 p.m. on October 16, 1981, police officers Michael Compton and Charles Loar responded to a reported disturbance at the Hillcrest Mobile Home Park in Liberty. Officer Compton arrived first and found appellant rummaging through a white Ford Pinto. When Officer Loar arrived, Officer Compton approached appellant and asked him what he was doing. Appellant responded with a vulgar remark. The officers, who were in uniform, attempted to question appellant further, but he began to curse them loudly and shout obscenities. A crowd gathered. The officers informed appellant that he was under arrest, and at that point appellant attempted to push past and wrestle with them. Appellant's unbecoming and obstinate behavior continued throughout the ride to and into the county jail.