STATE v. SIDELL

No. 71-511.

30 Ohio St. 2d 45 (1972)

THE STATE OF OHIO, APPELLEE, v. SIDELL, APPELLANT.

Supreme Court of Ohio.

Decided May 3, 1972.


Attorney(s) appearing for the Case

Mr. Richard J. Wessel, prosecuting attorney, for appellee.

Messrs. Kyte, Conlan, Wulsin & Vogeler, Mr. D. Michael Poast, for appellant.


LEACH, J.

The basic contentions of defendant-appellant may be summarized as follows:

(1) That conviction cannot be had for violation of R. C. 3773.22 merely by allegation of proof that a defendant "did disturb the peace and good order of the community by conducting himself in a disorderly manner" without any allegation or proof that defendant was intoxicated at such time;

(2) That, as a matter of legislative intent, the use of obscene language, being...

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