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CITY OF BISMARCK v. SCHOPPERT

Cr. No. 900263.

469 N.W.2d 808 (1991)

CITY OF BISMARCK, Plaintiff and Appellee, v. Thomas SCHOPPERT, Defendant and Appellant.

Supreme Court of North Dakota.

May 7, 1991.

Attorney(s) appearing for the Case

Thomas M. Tuntland of Tuntland and Donovan, Mandan, for defendant and appellant.

Paul H. Fraase, Asst. City Atty., Bismarck, for plaintiff and appellee.

LEVINE, Justice.

Thomas Schoppert appeals from a judgment of conviction entered upon a jury verdict finding him guilty of disorderly conduct. We reverse.

Early on April 1, 1989, Schoppert approached a police car in which Officer Eileen Elhard and volunteer police chaplain George Walker were sitting. As he walked past the car from its front to its back, Schoppert gestured with his middle finger and said, "Fucking, bitching cop." Schoppert continued walking...

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