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COMMONWEALTH PENNSYLVANIA v. DONALD M. KIDD (03/12/82)

filed: March 12, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
DONALD M. KIDD, APPELLANT



No. 2 Pittsburgh, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Butler County, No. 550 of 1978, Book 68 Page 117.

COUNSEL

John J. Morgan, Butler, for appellant.

Robert F. Hawk, Assistant District Attorney, Butler, for Commonwealth, appellee.

Hester, Popovich and Montgomery, JJ.

Author: Montgomery

[ 296 Pa. Super. Page 395]

This appeal arises from appellant's conviction by a jury of disorderly conduct and terroristic threats, and his concurrent sentences of six (6) months to one (1) year, and two (2) to five (5) years imprisonment respectively.

Appellant sets forth two assignments of error herein: (1) the lower court erred in not granting a demurrer to the Commonwealth's case as the prosecution failed to establish the elements of either of the charged offenses; and, (2) the lower court erred in not finding that the Commonwealth had not proven intent to commit either of the offenses. As both assignments of error rely on a sufficiency of the evidence argument, we will analyze them in that light.

Disorderly conduct is defined in 18 Pa.C.S. ยง 5503(a) as follows:

"A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) engages in fighting or threatening, or in tumultuous behavior;

(2) makes unreasonable noise;

(3) uses obscene language, or makes an obscene gesture; or

(4) creates a hazardous or physically offensive condition by any act which serves no ...


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