Petition 186 EAL 2005 | Pa. | Dec 12, 2005

889 A.2d 42" court="Pa." date_filed="2005-12-12" href="https://app.midpage.ai/document/commonwealth-v-jackson-2317104?utm_source=webapp" opinion_id="2317104">889 A.2d 42 (2005)

COMMONWEALTH of Pennsylvania, Petitioner
v.
Brian JACKSON, Respondent.

Supreme Court of Pennsylvania.

December 12, 2005.

*43 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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