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CITY OF ALAMOGORDO v. OHLRICH

No. 4833.

625 P.2d 1242 (1981)

95 N.M. 725

CITY OF ALAMOGORDO, Plaintiff-Appellee, v. Jeffrey OHLRICH, Defendant-Appellant.

Court of Appeals of New Mexico.

February 19, 1981.

Attorney(s) appearing for the Case

Peter M. Hebard, Cooperating Atty. for the American Civil Liberties Union of New Mexico, Alamogordo, Raymond Schowers, Legal Director, American Civil Liberties Union of New Mexico, Albuquerque, for defendant-appellant.

Frank K. Wilson, Municipal Atty., City of Alamogordo, Alamogordo, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant appeals his disorderly conduct conviction pursuant to § 6-2-8 of the Codified Ordinances of the City of Alamogordo. Defendant raised three points with respect to subsection (D): (1) the statutory construction of the words "average person"; (2) the unconstitutionality of the subsection as applied to the facts; and (3) the insufficiency of the evidence to sustain a conviction. Point three is dispositive and we reverse...

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