CITY OF MIAMI v. POWERS

No. 70-1186.

247 So.2d 497 (1971)

CITY OF MIAMI, Petitioner, v. Jerry POWERS, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 26, 1971.


Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and S.R. Sterbenz, Asst. City Atty., for petitioner.

Fred A. Jones, Jr., Miami, for respondent.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.


CARROLL, Judge.

By petition for certiorari filed by the City of Miami there is presented for review a decision of the circuit court of Dade County which reversed, on appeal, a judgment of the City of Miami municipal court finding the respondent guilty of disorderly conduct.

The action of the respondent which was involved was the use of obscene language in the presence of other persons. It was disclosed that during a stage performance before an audience at...

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