State v. Miller

Defendant appeals a judgment of conviction for disorderly conduct in the second degree. ORS 166.025. He assigns error to the trial court’s denial of his motion for a judgment of acquittal, arguing that the evidence was insufficient to prove that he “engage[d] in fighting or in violent, tumultuous or threatening behavior” within the meaning of the offense statute. We affirm.

The relevant facts are undisputed. One afternoon, at about 4:00 p.m., defendant was walking down the sidewalk in front of a gas and auto service station. On the sidewalk in front of the station was a three-foot-tall, metal,…