Opinion
December 12, 2005.
Petition No. 186 EAL 2005 for Allowance of Appeal from the Memorandum and Order of the Superior Court (Bender, McCaffery and Popovich, JJ.) affirming in part and reversing in part the Judgment of Sentence of the Court of Common Pleas of Philadelphia County (Fitzgerald, J.).
ORDER
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.