¶1Alvin M. Binder, Jackson, Miss., for appellants.
¶2Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.
¶3Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
¶5The three appellants, age 17 to 20, were convicted in a jury trial of the misdemeanor of disorderly conduct “by making offensively coarse utterances and gestures and by addressing abusive language to persons present.”1 The sole attack on the convictions is on the ground of insufficiency of the evidence.
¶6A verdict should have been directed for the appellant Perkins. The only evidence of any misconduct on his part was that he whistled and made “wolf calls.” There was no evidence of what manner of whistling he engaged in or what a wolf call is, either in general or in this particular instance. Neither mode of expression was defined or described in any way so as to give the jury any basis for finding that Perkins’ actions constituted unreasonable noise, offensive coarse utterance or display, or abusive language. Nor was there evidence to support a conviction of Perkins on a theory of aiding and abetting.
¶7The evidence was sufficient as to the other two appellants and their convictions must be affirmed. The sentences were usually severe for disorderly conduct by minor first offenders. If appellants Johnson and Lahmen wish to seek reduction of their sentences they may do so by filing motions with the district court under Rule 35, Fed.R. Crim.P.
¶8Reversed as to appellant Perkins. Affirmed as to appellants Johnson and Lahmen.