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JOHNSON v. UNITED STATES

No. 25104.

394 F.2d 984 (1968)

Samuel B. JOHNSON, Ellis Lahmen, Jr. and David E. Perkins, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 16, 1968.

Attorney(s) appearing for the Case

Alvin M. Binder, Jackson, Miss., for appellants.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

The three appellants, age 17 to 20, were convicted in a jury trial of the misdemeanor of disorderly conduct "by making offensively coarse utterances and gestures and by addressing abusive language to persons present."1 The sole attack on the convictions is on the ground of insufficiency of the evidence.

A verdict should have been directed for the appellant Perkins. The only evidence of any misconduct on his part was...

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