State v. Berlin

BAKES, Justice.

'This is an appeal from an order of the district court acquitting the defendant-respondent James L. Berlin of the crime of disorderly conduct for which he was found guilty in the Boise Municipal Court. An appeal was taken from that conviction in the municipal court to the district court and the case was submitted to the district judge sitting without a jury upon the transcript of the evidence and the pleadings before the Boise Municipal Court. The district court, in a trial de novo based upon that record, entered an order acquitting the defendant of the crime of disorderly…