People v. Kirkland

At the conclusion of the People’s evidence, the trial court granted defendant Kirkland’s motion for judgment of acquittal on a charge of flag mutilation as defined in 1969 Perm. Supp., C.R.S. 1963, 40-23-3. The basis for the trial court’s ruling was that the evidence presented by the People was insufficient, as a matter of law, to sustain conviction. The district attorney, on behalf of the People, urges on this appeal that the trial court’s acquittal of the defendant on this motion was erroneous and should be disapproved.

From our review of the record, we conclude, as a matter of law, that the…