State v. Atwood

Defendant, who was convicted of two counts of disorderly conduct, ORS 166.025(l)(a), (b), appeals, challenging the denial of his motions for judgment of acquittal on those counts. As described below, with respect to the first count, we conclude that the evidence was legally insufficient to allow a trier of fact to infer that defendant engaged in “violent, tumultuous or threatening behavior” within the meaning of ORS 166.025(l)(a), as construed in State v. Cantwell, 66 Or App 848, 676 P2d 353, rev den, 297 Or 124 (1984). In particular, the evidence could not support a determination that…