State v. Polson

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by the State from an order dismissing the amended complaint against defendant John Poison, charging the crime of disorderly conduct (K.S.A. 21-4101).

The case was called for trial on September 18, 1978. Prior to commencement of the trial defendant made a motion to dismiss the amended complaint. For the purposes of the motion the parties stipulated that the evidence would show defendant used offensive, obscene or abusive language that would tend to reasonably arouse alarm, anger or resentment in others. The parties further…