State v. Kavanaugh
| Decision Date | 20 October 1961 |
| Docket Number | No. 10162,10162 |
| Parties | STATE v. Grant V. KAVANAUGH. Ex. |
| Court | Rhode Island Supreme Court |
J. Joseph Nugent, Atty. Gen., Joseph L. Breen, Chief Sp. Counsel, Providence, for the State.
Aram K. Berberian, Providence, for defendant.
This is a criminal complaint for reveling. It is here on the defendant's exception to the decision of the trial justice who heard the case without a jury in the superior court and found the defendant guilty as charged.
The complaint charged that defendant was found reveling in a public place, to wit the police station in the town of Westerly, to the disturbance of the orderly people of the town in violation of chapter 10 of the general ordinance of the town. The evidence showed that defendant while confined in a cell in the police station without any charge having been brought against him made a noise in his cell by grabbing and shaking the door and 'hollering' so that he could be heard by an officer in another part of the station. This officer thereupon went into the cell block and defendant called him a vile name connoting sex deviation. The instant charge was then made against defendant and no other charge was preferred as a basis for his prior detention.
It further appears from the evidence that defendant was originally brought to the station as a result of an automobile accident on a public highway in the town. He was found at the scene by the police in company with Donald G. Wheeler. Both were detained until the police could ascertain who was driving the automobile which was involved in the accident. Later only Wheeler was charged with an offense because of such accident. See State v. Wheeler, R.I., 169 A.2d 7.
The defendant argues that reveling in this state has been defined as behaving in a noisy, boisterous manner like a bacchanalian and that the evidence does not prove such behavior. He further argues that his conduct in the police cell was not in a public place within the meaning of that term as used in the ordinance or that such conduct was disturbing to the orderly people of the town.
In our opinion there is merit in those contentions. A police station cell is not such a public place as would justify characterizing conduct of a prisoner therein as reveling. At least we are aware of no case in this state that would warrant us in so holding. On the contrary it has been expressly stated in another connection that, ...
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Lim v. Andrukiewicz
...and extent of his remonstrance, but it is uncontradicted that within two hours plaintiff was charged with reveling. See State v. Kavanagh 93 R.I. 239, 174 A.2d 286." 2 As was stated above, the Kavanagh court drew no distinction between the standard required to stop a suspect on the street a......
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State v. Russell
...and engaged in brawling conduct toward a 13 year old girl who was baby-sitting at that home. Defendant relies upon State v. Kavanaugh, 93 R.I. 239, 174 A.2d 286 and argues that the disorderly conduct statute requires that the offending behavior be committed in a public place. Kavanaugh was ......
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Kavanagh v. Stenhouse
...and extent of his remonstrance, but it is uncontradicted that within two hours plaintiff was charged with reveling. See State v. Kavanaugh, R.I., 174 A.2d 286. The defendant pleaded justification, relying on G.L.1956, § 12-7-1, which reads as 'Temporary detention of suspects.--A peace offic......