State v. Beck

Foth, C.J.:

Defendant Lenny Beck appeals from his conviction after a bench trial of disorderly conduct. K.S.A. 21-4101. He contended at trial and contends on appeal that his conduct did not violate the statute because (a) the charge was based only on language, and the language he employed did not constitute “fighting words”; and (b) whatever he did took place in the confines of his own home and therefore is not covered by the statute.

The case was tried on stipulated facts, consisting primarily of the “probable cause” affidavit which accompanied the complaint and which wa.s read into the record: