State v. Davies

Defendant appeals, challenging the denial of a motion for judgment of acquittal on one count of disorderly conduct. ORS 166.025(l)(a).1 Defendant argues that, when he pointed and poked at a Safeway employee, after warning that employee not to touch him, he did not engage in behavior proscribed by that statute because he did not use “physical force or physical conduct which is immediately likely to produce the use of such force.” See State v. Cantwell, 66 Or App 848, 853, 676 P2d 353, rev den, 297 Or 124 (1984). We affirm.

A detailed recitation of the underlying facts would be of no benefit to…