Oliver v. State

I respectfully dissent because I conclude that the majority has construed the term "assembly" too narrowly and the evidence is sufficient to sustain Oliver's conviction for disorderly conduct as a class B misdemeanor.

Oliver was convicted of disorderly conduct pursuant to Ind.Code § 35-45-1-8(8) (1998), which provides that; "A person who recklessly, knowingly, or intentionally ... disrupts a lawful assembly of persons commits disorderly conduct, a Class B misdemeanor." As we noted in D.R. v. State, the phrase "a lawful assembly of persons" has not been defined by the legislature. 729 N.E.2d…