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Strobhert v. State

The trial court improperly charged that communications threatening violence may constitute obstruction of an officer since there was no evidence that defendant verbally threatened the officer.

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Alan Strobhert appeals from the judgment entered after a jury found him guilty of driving left of center and obstruction of a law enforcement officer. Strobhert claims the trial court’s charge to the jury was misleading and authorized the jury to find him guilty of obstructing an officer on a theory not supported by the evidence. We agree and reverse.

This case arose when Officer Kelmer of the Forsyth County Sheriff’s Department, was returning home around midnight after working a security shift at a hospital. Just before Kelmer reached the entrance to the trailer park where he lived, a car coming from the opposite direction made a U-turn in front of him and, after turning, drove down the wrong side of the road. The car then turned into Kelmer’s trailer park, went to the end of the road and turned around. After driving a short distance the car stopped.

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