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STATE v. GILBERT

No. MB 79-813; CA 17312.

617 P.2d 288 (1980)

48 Or.App. 419

STATE of Oregon, Respondent, v. Russell Sherman GILBERT, Appellant.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Kent W. Day, Coos Bay, argued the cause for appellant. With him on the brief was McInturff, Thom & Collver, Coos Bay.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

Defendant appeals from his conviction of disorderly conduct under ORS 166.025 after his motion for a judgment of acquittal was denied. We reverse.

Defendant was charged in a Complaint which alleged that he committed the crime of disorderly conduct in that he

"* * * did unlawfully and recklessly create a risk of public inconvenience, annoyance and alarm by engaging in violent, tumultuous and threatening behavior, to wit: yelling obscenities...

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