People v. Bradshaw

On January 4, 1983, following a bench trial in the circuit court of Morgan County, defendant, Roy Bradshaw, was convicted of disorderly conduct (Ill. Rev. Stat. 1981, ch. 38, par. 26—1(a)(1)) and sentenced to five days’ imprisonment. On appeal he maintains his conviction should be reversed because his actions did not “provoke” a breach of the peace. We agree and reverse the defendant’s conviction.

Section 26—1(a)(1) of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 26—1(a)(1)), under which defendant was charged, provides that one type of disorderly conduct occurs when one…