City of St. Paul v. Hagen
City of St. Paul v. Hagen
Opinion of the Court
Defendant, convicted in St. Paul municipal court after a trial without a jury of violating St. Paul Legislative Code, § 438.02, which deals with “disorderly conduct,” appeals from judgment of conviction. Section 438.02 reads as follows:
“No person shall make, aid or countenance, or assist in making any noise, riot, disturbance or improper diversion, to the annoyance or disturbance of the citizens, or other persons in said city; nor collect in bodies or crowds in any street or public place in said city, so as to obstruct public travel thereon.”
Defendant interprets this ordinance as applying only if the prohibited conduct actually disturbs two or more people, and contends that the evidence against him was insufficient as a matter of law because there was insufficient proof that more than one person, defendant’s estranged wife, was actually disturbed by his conduct. The city disagrees with defendant’s interpretation of the ordinance and contends that in any event the evidence was sufficient to permit the inference which the judge made that more than one person was disturbed by the conduct.
Defendant’s wife, the only person who testified at trial, gave the following testimony: At approximately 5 p.m. on Sunday, March 26, 1972, defendant, who was separated from his wife pending a divorce, arrived at his wife’s residence in St. Paul for the purpose of visiting his two children, ages 12 and 15. Pursuant to a temporary order, defendant was
We affirm defendant’s conviction without deciding whether the ordinance applies only if the prohibited conduct actually disturbs two or more people since in this case the trial court, acting as trier of fact, properly found on the basis of sufficient evidence that not only defendant’s estranged wife but others also were disturbed by defendant’s conduct.
Affirmed.
Reference
- Full Case Name
- CITY OF ST. PAUL v. ALLEN HAGEN
- Status
- Published