The opinion of the court was delivered by: Judge Rambo
(Magistrate Judge Smyser)
Before the court is an appeal by the defendant, Stephen M. Ulrich, from the judgment of conviction by a magistrate judge which found Ulrich guilty of disorderly conduct in violation of 18 U.S.C. § 13 and 18 Pa. Cons. Stat. § 5503(a)(1). The magistrate judge sentenced Ulrich to 90 days probation, restitution in the amount of $2,731.00 and a special assessment of $100.00. This court has jurisdiction to hear the appeal pursuant to Title 18 U.S.C. § 3402.
"In reviewing a conviction by a magistrate judge, a district court considers 'whether a rational trier of fact could conclude beyond a reasonable doubt that the defendant [was] guilty.' " United States v. Klose, 552 F. Supp. 982, 984 (E.D. Pa. 1982) (citing United States v. McQuilkin, 673 F.2d 681, 687 (3d Cir. 1982). The evidence must be viewed in the light most favorable to the prosecution. Jackson v. Virginia, 443 U.S. 307, 319 (1979).
III. Definition of Disorderly Conduct
Ulrich was charged with a summary offense of disorderly conduct. 18 Pa. Cons. Stat. § 5503(a)(1) provides as follows:
(a) OFFENSE DEFINED. -- 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 violent or 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 legitimate purpose of the actor. . . .
(c) DEFINITION. -- As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or ...