McMonagle v. State , 196 Ga. App. 300 ( 1990 )

On Motion for Rehearing.

McMonagle now asserts that he never argued “the area inside the barricade somehow became private.” Thus it directly misrepresents and contradicts the assertions made on pp. 7-8 of his appeal brief, and twists to his advantage this court’s holding that the area remained public.

Further, he now says, “the appellant alleges that the police, not the demonstrators, obstructed the sidewalk,” so that McMonagle could not have done so himself in violation of OCGA § 16-11-43.

Further, contrary to his actual arguments on appeal and the ones newly created, he now contradictively agrees with this court that the barricades did not completely close off public access, and argues that, contrary to what we found in the record and expressly set out in the opinion, there was no evidence the demonstrators blocked access to the narrow passages still open.

Appellant’s misrepresentations of the original posture of his appeal and of the clear facts of record create no new issues.

Motion for rehearing denied.