United States v. Thompson

*89Opinion of the Court

Darden, Chief Judge:

One of several charges against this accused was uttering provoking words and making provoking gestures to a stockade guard. The words were “ ‘Don’t yell at me or I’ll wring your -neck.’ ” The gestures were that the accused jumped out of bed and cocked his arm as if he were going to swing at the guard.

Our grant of review considers whether the evidence was sufficient in law to establish that these words and gestures tended to induce a breach of the peace. A relation of the facts follows.

Specialist Four Sawin, a stockade guard, awoke the prisoners and told…