Opinion
(6284)
Submitted on briefs April 7, 1988
Decision released April 21, 1988
Information charging the defendant with two counts of the crime of breach of the peace, brought to the Superior Court in the judicial district of Hartford-New Britain, geographical area number twelve, and tried to the court, Norko, J.; judgment of guilty of one count of breach of the peace, from which the defendant appealed to this court. Error; judgment directed.
Arthur P. Meisler filed a brief for the appellant (defendant).
Christopher Malany, deputy assistant state's attorney, filed a brief for the appellee (state).
The defendant has appealed his conviction, after a trial to the court, of the crime of breach of the peace in violation of General Statutes 53a-181 (a)(1).
General Statutes 53a-181 provides in pertinent part: "(a) A person is guilty of breach of the peace when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place . . . ."
The defendant claims that the trial court erred in finding him guilty of the offense charged when there was no evidence produced by the state to support the allegation that he had committed the crime by engaging "in fighting or in violent, tumultuous or threatening behavior . . . ." The state concedes error and we agree.
The only evidence produced by the state showed that the defendant drove slowly past two young women several times and may have on one occasion spoken to one of them. He also stopped the car and opened the door. Such conduct is not violative of subsection (a)(1) of the statute.