Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. COMMONWEALTH of Pennsyl v. nia, Petitioner ORDER PER CURIAM. 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.