TURNER v. THE STATE.
COURT OF APPEALS OF GEORGIA
274 Ga. App. 731; 618 S.E.2d 607; 2005 Ga. App. LEXIS 700; 2005 Fulton County D.
July 6, 2005, Decided
Reconsideration denied July 28, 2005 -- Cert.
applied for. Writ of certiorari denied Turner v. State, 2006 Ga. LEXIS 47 (Ga.,
Jan. 17, 2006)
PRIOR HISTORY: Disorderly conduct, etc. Hall State Court. Before Judge Wynne.
DISPOSITION: Judgment affirmed in part and reversed in part.
Georgia Advance Headnotes
(1) Criminal Law & Procedure. Criminal Offenses. Miscellaneous Offenses.
Disorderly Conduct & Disturbing the Peace. Where one offensive word was yelled
at a police officer from a passing vehicle, the conduct at issue did not rise to
the level of criminal conduct that would constitute "fighting words" under OCGA
§ 16-11-39 (a) (3). Defendant's conviction for disorderly conduct had to be
(2) Criminal Law & Procedure. Criminal Offenses. Miscellaneous Offenses.
Resisting Arrest. Evidence that defendant repeatedly exited his vehicle against
an officer's orders to remain seated in the vehicle was sufficient to sustain
his conviction for misdemeanor obstruction.
COUNSEL: Billy L. Spruell, for appellant.
Jerry Rylee, Solicitor-General, Larry A. Baldwin II, Assistant
Solicitor-General, for appellee.
JUDGES: MILLER, Judge. Andrews, P. J., Smith, P. J., Ellington, Adams and
Bernes, JJ., concur. Blackburn, P. J., dissents.