STATE v. SMITH

No. 19230.

150 Ohio App.3d 45 (2002)

2002-Ohio-5994

The STATE of Ohio, Appellee, v. SMITH, Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided November 1, 2002.


Attorney(s) appearing for the Case

Patrick J. Bonfield, Acting Director of Law, Deirdre Logan, Chief Prosecutor, and Addie J. King, Assistant City Prosecutor, for appellee.

Arvin S. Miller, Montgomery County Assistant Public Defender, for appellant.


FAIN, Judge.

{¶ 1} Defendant-appellant Damon B. Smith appeals from his conviction and sentence for disorderly conduct. He contends that the trial court erred when it denied his motion for a judgment of acquittal, because his actions resulting in the charge are protected under the First Amendment to the United States Constitution.

{¶ 2} We conclude that there is insufficient evidence in this record pertaining to an essential element of disorderly...

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