Smith v. City of Anniston

The appellant, Marlan A. Smith, was convicted of disorderly conduct, a violation of § 13A-11-7(c), Code of Alabama 1975. He was sentenced to 90 days in the city jail.

The appellant argues that evidence presented by the State was not sufficient to support his conviction for disorderly conduct. Specifically, the appellant argues that his allegedly obscene or abusive language did not rise to the level of "fighting words," i.e., that they would have had a likelihood of causing a violent response by the police officer to whom they were addressed. See Robinson v. State, 615 So.2d 112 (Ala.Cr.App.…