Commonwealth v. Kelly

LALLY-GREEN, J.:

¶ 1 Appellant, Linda C. Kelly, appeals the judgment of sentence of a $25.00 fine and costs imposed following her summary conviction of disorderly conduct for using obscene language.1 We reverse.

¶ 2 The facts, as found by the trial court, are as follows.

Appellant, while driving a car, came upon a work area on a public highway. A borough street department employee approached her vehicle when it appeared that she was not responding to directions. The worker asked her what she intended to do whereupon appellant said, “Fuck you, asshole” and gave the worker the “finger”.

Trial Court…