City of Whitefish v. O'SHAUGHNESSY

The appellant, Brian O’Shaughnessy, was charged with two counts of disturbing the peace. A Whitefish City Court convicted him on both counts. On appeal the District Court convicted him on one count of disturbing the peace. He was sentenced to five days in jail *435and fined $350. This appeal followed and is the second time this matter has been before this Court.

The following issues are presented for this Court’s consideration:

1. Whether the appellant’s behavior constituted disturbing the peace when, allegedly, a breach of peace must contain a threat of violence or pose a threat of a violent…