21-3217.
History: L. 1969, ch. 180, § 21-3217; L. 2010, ch. 124, § 10; Repealed, L. 2011, ch. 30, § 288; July 1.
Cross References to Related Sections:
Assault and battery provisions, see 21-3408 through 21-3415.
Law Review and Bar Journal References:
"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 719, 720, 721 (1972).
CASE ANNOTATIONS
1. No error in failing to instruct on self-defense where crime committed while resisting arrest. State v. McCowan, 226 Kan. 752, 757, 602 P.2d 1363.
2. Instruction based hereon, even though inappropriate, did not cause prejudicial error. State v. Logan, 8 Kan. App. 2d 232, 235, 654 P.2d 492 (1982).
3. Constitutionality not considered where arrest lawful. State v. Rose, 8 Kan. App. 2d 659, 666, 665 P.2d 1111 (1983).
4. Error where instruction on self-defense denied; officer's use of excessive force invokes right of self-defense. State v. Heiskell, 8 Kan. App. 2d 667, 672, 666 P.2d 207 (1983).
5. Where evidence clear that no self-defense or accidental killing occurred, no instruction on self-defense or defense of another necessary. State v. Martin, 234 Kan. 115, 119, 670 P.2d 1331 (1983).
6. "Unlawful" used in K.S.A. 21-3412 is legal conclusion defendant had no authority to touch officer. State v. Franz, 9 Kan. App. 2d 319, 320, 676 P.2d 157 (1984).
7. Although two officers were involved, defendant's resisting arrest was a single event for which he could be charged only once. City of Wichita v. Cook, 32 Kan. App. 2d 798, 89 P.3d 934 (2004).
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