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STATE v. MILLER

No. 51,470

6 Kan. App. 2d 432 (1981)

629 P.2d 748

STATE OF KANSAS, Appellee, v. CARL E. MILLER, Appellant.

Court of Appeals of Kansas.

Opinion filed June 12, 1981.

Attorney(s) appearing for the Case

Tim Connell, of Connell & Connell, of El Dorado, for appellant.

Geary N. Gorup, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before REES, P.J., ABBOTT and SPENCER, JJ.

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...

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