State v. Richardson

BAKES, Justice.

At approximately midnight, August 28, 1971, a disturbance occurred in the Depot Grill in Twin Falls, Idaho, at a table where John H. Richardson, defendant-appellant herein, his ex-wife, Penny Richardson, and her sister were seated. The disturbance was caused by appellant’s ex-wife, Penny, speaking in loud and profane language. The record is clear that appellant did not participate in the disturbance inside the restaurant but attempted to calm and quiet his ex-wife.

A waitress requested two policemen seated at the counter to remove the parties from the restaurant because the loud…