CITY OF JAMESTOWN v. BENEDA

Crim. Nos. 910171-910192.

477 N.W.2d 830 (1991)

CITY OF JAMESTOWN, Plaintiff and Appellee, v. Kathryn A. BENEDA, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Dorothea I. CASE, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Alex P. FRELICH, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Rose Marie FREUND, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Sister Rose M. FREUND, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Elizabeth J. GOESER, Defendant and Appellant (Two Cases). CITY OF JAMESTOWN, Plaintiff and Appellee, v. Owen N. GOESER, Defendant and Appellant (Two Cases). CITY OF JAMESTOWN, Plaintiff and Appellee, v. M.A. GOLDADE, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Julia A. HASS, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Nancy G. BYRD, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Marjorie A. MILLER, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Alice H. MYRUM, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Janice J. NOWATZKI, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. John F. NOWATZKI, Defendant and Appellant (Two Cases). CITY OF JAMESTOWN, Plaintiff and Appellee, v. David J. PENCE, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Frank R. SCHMITT, Defendant and Appellant (Two Cases). CITY OF JAMESTOWN, Plaintiff and Appellee, v. Gertrude A. SCHULER, Defendant and Appellant. CITY OF JAMESTOWN, Plaintiff and Appellee, v. Elizabeth I. KISER, Defendant and Appellant.

Supreme Court of North Dakota.

November 20, 1991.


Attorney(s) appearing for the Case

Joseph F. Larson, II (argued), Asst. City Atty., Jamestown, for plaintiff and appellee.

Paul T. Crary (argued), Walhalla, for defendants and appellants. Appearance by Peter B. Crary.


LEVINE, Justice.

The appellants were convicted of violating a Jamestown trespass ordinance. We hold that the application of the ordinance under the facts of this case violated the appellants' First Amendment rights of free speech and peaceable assembly. For that reason, we reverse the convictions.

The appellants waived jury trials and submitted their cases to the trial court on stipulated facts and briefs. We refer to those facts throughout this opinion.<...

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