Penal Code § 148(a)(1) as a Lesser-Included Offense of § 69?

Penal Code § 148(a)(1) prohibits one from obstructing, delaying or resisting a police officer or fireman in performance of one’s duties. Penal Code § 69 is resisting arrest by a police officer and causing injury to the officer. Consequently, it would not seem that § 148(a)(1) is a lesser-included offense of § 69, but the following appellate court ruling shows it is not quite so easy to conclude this. To read a summary of a recent appellate court ruling that discussed this issue, please click on the following link –

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