Can a defendant plead guilty as charged under section 415 of the California Penal Code for engaging in tumultuous And offensive conduct?

California, United States of America


The following excerpt is from People v. Cohen, 1 Cal.App.3d 94, 81 Cal.Rptr. 503 (Cal. App. 1969):

The court's minutes reflect that the defendant was found guilty as charged. The complaint charged him with engaging in tumultuous And offensive conduct. There was no evidence that the defendant engaged in 'tumultuous' conduct. Penal Code section 415 sets forth a series of acts in the disjunctive. When an accusatory pleading sets forth more than one act prohibited by section 415 in the conjunctive, evidence which is sufficient to support a finding of guilt of any one of the acts denounced by the statute is sufficient for a conviction although the evidence does not support a conviction for each of the acts set out in the complaint (People v. McClennegen, 195 Cal. 445, 452, 234 P. 91).

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