People v. Fonder

Defendant was convicted, after jury trial, of resisting a peace officer and criminal trespass to real property. Court erred in not instructing jury on essential element of the offense: that it must find that Defendant's conduct was proximate cause of injury to a peace officer to sustain felony charge of resisting arrest. Error was reversible, as it eroded integrity of judicial process and undermined fairness of Defendant's trial. Failure to inform jury of elements of crime charged is so grave and fundamental that waiver rule should not apply. (WRIGHT and O'BRIEN, concurring.)