Supreme Court of Pennsylvania, 2005

Commonwealth v. Jackson

Commonwealth v. Jackson
Supreme Court of Pennsylvania · Decided December 12, 2005 · Per Curiam
889 A.2d 42; 585 Pa. 469; 2005 Pa. LEXIS 2808 (Atlantic Reporter, Second Series)

Commonwealth v. Jackson

Opinion

*470 ORDER

PER CURIAM.

AND NOW, this 12th day of December, 2005, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Where a defendant’s assault on a police officer occurs as the result of the officer’s attempt to unlawfully arrest him, whether that assault may give rise to a lawful arrest, the resistance of which will support a charge of resisting arrest under 18 Pa.C.S. § 5104.

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