People v. Perkins

In People v. Perkins (1970) 9 Cal.App.3d 1048, officers who attempted to break up a domestic dispute testified that they were battered by the husband. The defendant husband testified that he was surprised when the officers informed him that he was under arrest and so he retreated to the bedroom and verbally refused to go with the officers. The officers began to assault the defendant, and his only involvement was in attempting to ward off blows thrown by the officers. In a prosecution for battery on the officers, the Court of Appeal held that it was error for the trial court to refuse to instruct on resisting or obstructing an officer since if the defendant's testimony were believed that is the only offense of which he was guilty. (9 Cal.App.3d at pp. 1050-1051.)