Johnson Et Al. v. United States
Dissenting Opinion
dissenting.
Petitioners were convicted of disorderly conduct in a federal recreational area after a jury trial in the United States District Court for the Southern District of Mississippi.
The Government, without conceding the more extreme of petitioners’ arguments, does not oppose granting the writ and reversing the judgments of conviction on the ground that the minimal instructions given the jury make it “quite possible that the present convictions rest upon
I agree. Accordingly, I would grant the writ and reverse the judgment of conviction.
The applicable regulation, 36 CFR § 2.7, provides in part:
“§2.7. Disorderly conduct.
“(a) Disorderly conduct is prohibited.
“(b) Offense defined: A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he shall:
“(2) Make unreasonable noise or offensively coarse utterance, gesture, or display, or address abusive language to any person present.”
Opinion of the Court
C. A. 5th Cir. Certiorari denied.
Reference
- Full Case Name
- Samuel B. Johnson and Ellis Lahmen, Jr. v. United States
- Cited By
- 1 case
- Status
- Published