From Casetext: Smarter Legal Research

People v. Harbin

Michigan Court of Appeals
Oct 21, 1968
164 N.W.2d 754 (Mich. Ct. App. 1968)

Opinion

Docket No. 4,365.

Decided October 21, 1968.

Appeal from Washtenaw, Breakey (James R., Jr.), J. Submitted Division 2 October 3, 1968 at Marquette. (Docket No. 4,365.) Decided October 21, 1968.

Rudy L. Harbin was convicted of resisting arrest. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and Robert B. Creal, Assistant Prosecuting Attorney, for the people.

Henry D. Arkison, for defendant.


Defendant was convicted of resisting an arrest for being drunk and disorderly in a public place. The record discloses ample evidence that appellant was intoxicated at the time of the arrest. The question presented is whether the arrest was lawful and, consequently, the resistance unlawful.

Defendant claims that his status as a work-release prisoner awaiting transport back to Federal prison renders him immune from arrest by state authorities. There is no such immunity. Defendant was intoxicated in a public place, an Ypsilanti township intersection, and thereby subject to arrest. CL 1948, § 750.167 as amended by PA 1964, No 144 (Stat Ann 1968 Cum Supp § 28.364). The observations of the arresting officers provided probable cause for the arrest. Resistance to a legal arrest is illegal. CL 1948, § 750.479 (Stat Ann 1954 Rev § 28.747). We find no prejudicial error in the lower court record.

Affirmed.

T.G. KAVANAGH, P.J., and McGREGOR and PHILIP C. ELLIOTT, JJ., concurred.


Summaries of

People v. Harbin

Michigan Court of Appeals
Oct 21, 1968
164 N.W.2d 754 (Mich. Ct. App. 1968)
Case details for

People v. Harbin

Case Details

Full title:PEOPLE v. HARBIN

Court:Michigan Court of Appeals

Date published: Oct 21, 1968

Citations

164 N.W.2d 754 (Mich. Ct. App. 1968)
164 N.W.2d 754

Citing Cases

People v. Gleisner

"Where police officers observe a defendant intoxicated in a public place, the officers have not only the…

People v. Kurzinski

Where police officers observe a defendant intoxicated in a public place, the officers have not only the right…