State v. Jones

1 iMURRAY, Judge,

dissenting.

I respectfully dissent. By definition, Mr. Jones was not obstructing the sidewalk. There was no evidence presented that he was “impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.” Indeed, there was no evidence presented that anyone, other than Mr. Jones and Mr. White, were on the sidewalk. The eases cited by the majority are inapposite, as they involve situations where the defendant was conversing in the middle of the street with another person,1 or where a group was engaged in illegal gambling on the sidewalk, and the…