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STATE v. LOWERY

No. 87-570.

759 P.2d 158 (1988)

STATE of Montana, Plaintiff and Respondent, v. David L. LOWERY, Defendant and appellant.

Supreme Court of Montana.

Decided July 21, 1988.

Rehearing Denied August 23, 1988.

Attorney(s) appearing for the Case

Terry G. Sehestedt, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, John W. Robinson, Co. Atty., Peggy Tonon, Deputy Co. Atty., Hamilton, for plaintiff and respondent.

WEBER, Justice.

The District Court for the Fourth Judicial District, Ravalli County, found Mr. Lowery guilty of one count of disorderly conduct under § 45-8-101, MCA. Mr. Lowery appeals. We affirm.

The issues are:

1. Was it unlawful to prosecute Mr. Lowery for resisting a police officer's attempt to remove him from the town council meeting at which he had exercised his right to speak?

2. Is a disturbance which affects eight people a sufficient...

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