City of Bismarck v. Travis

I dissent to that part of the opinion of the majority holding that the evidence was sufficient to support the verdict of conviction.

There is no evidence in the record to prove that the acts of the defendant, separately or in association with the driver of the car, were in violation of the ordinance under which the defendant was charged.

To find the defendant guilty of disorderly conduct under the ordinance it is necessary that the acts that disturb, interfere with, obstruct, or are offensive to others, be committed to provoke a breach of the peace, or whereby a breach of the peace may be…