Day v. State
Annotate this CaseDefendant and his wife were on the brink of divorce when Defendant screamed in his wife’s face and spat in her eye. Defendant was found guilty of B-misdemeanor disorderly conduct for knowingly or intentionally engaging in fighting and/or tumultuous conduct with his wife. Defendant appealed, arguing that the disorderly conduct statute requires both a public disturbance and a physical altercation and that the State failed to prove those elements. The Supreme Court affirmed, holding (1) the disorderly conduct statute’s “fighting” subsection does not contain a public disturbance element but does require a physical altercation; and (2) Defendant’s intentional spitting provided sufficient evidence of a physical altercation.
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