State v. New

DeBRULER, Justice.

The State brings this appeal from an order of the trial court granting appellee’s motion to dismiss. Appellee was indicted by a grand jury for disorderly conduct. Indiana Code § 35-45-1-3(2) defining such offense provides in pertinent part:

“A person who recklessly, knowingly or intentionally:(2) makes unreasonable noise and continues to do so after being asked to stop;

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commits disorderly conduct, a class B misdemeanor.”

The indictment charged that appellee New did “recklessly make unreasonable noise and continue to make said noise after being asked to stop by…