State v. McCooey

The defendant, John D. McCooey, appeals his conviction in Dover District Court (Morrison, J.) for disorderly conduct. RSA 644:2, 111(b) (1996). He argues that the evidence was insufficient, his First Amendment rights were violated, and the complaint was facially deficient. We reverse.

In March 2001, the defendant, a senior at Dover High School, was in Marjorie Spaulding’s English class. Toward the end of the period, the defendant asked Ms. Spaulding for a hug. He then commented that if she did not hug him, he would or might shoot up the school. After the class, although she felt the…