Childress v. State

Per Curiam. The appellant was convicted on three indictments for assault and one for disturbing the peace. Each of the first three was for an assault upon a different named police officer. Concurrent sentences of eighteen months were imposed on the first three, and sentence was suspended generally under the fourth.

He appeals. Two contentions are made: first, that his arrest was illegal and hence that he was justified in resisting arrest; second, that the evidence was insufficient to sustain the convictions. The appellant, a private individual, undertook to hold up or direct traffic near a busy intersection during a rush hour and thereby caused considerable confusion and some rather minor bumps. The first officer (Bestpitch) was directing ⁴³ traffic at the intersection 80 feet away.

He saw what the appellant was doing, walked over to within 5 feet of him and told him he was under arrest. The appellant claimed he did not hear and in any event did not submit to arrest. Instead, he walked away and entered a nearby rooming house, where he lived. The officer, who was in uniform, followed him into the hallway, laid a hand on his shoulder and told him he was under arrest.

The appellant responded by striking the officer, breaking his nose and knocking him down. Two more officers were called to the scene and they, too, were attacked by the appellant. A few minutes later a cruising patrol with two more officers arrived, and the appellant was then effectively taken into custody. The arrest occurred when the first officer laid his hand on the appellant’s shoulder and told him he was under arrest.

Cornish v. State, 215 Md. 64 , 137 A. 2d 170 ; Price v. State, 227 Md. 28 , 175 A. 2d 11 . The arrest was for a misdemeanor committed in the presence of a police officer, and was proper on that