State v. Miller

Abbott, J.:

This is a direct appeal by the defendant, Carl E. Miller, from his conviction of communicating a terroristic threat (K.S.A. 21-3419).

The charge arose as a result of defendant’s having burned a wooden cross on the driveway of the residence of Norman Manley, then an assistant county attorney for Butler County, Kansas. The sole issue presented on appeal is whether the trial court erred in overruling the defendant’s motion for a directed verdict of acquittal at the completion of the State’s evidence.

No verbal or written threats were made and no personal confrontation occurred at the…