Lowther v. Delaware

Erin Lowther was arrested after an altercation with her sister-in-law Trisha. A grand jury issued a superseding indictment, charging Lowther with second degree assault, terroristic threatening and offensive touching. At trial, Lowther unsuccessfully moved to acquit on the terroristic threatening charge. The jury found Lowther guilty of assault and terroristic threatening, but not offensive touching. Lowther was sentenced to six years at Level V incarceration, eighteen months suspended at Level III probation for assault, and one year at Level V incarceration, suspended for one year at Level III probation for terroristic threatening. On appeal, she raised two issues: (1) the evidence presented against her at trial was insufficient to support the threatening charge; and (2) the trial court erred in instructing the jury with regard to the threatening charge. Finding no merit to these arguments, the Supreme Court affirmed the trial court's judgment. View "Lowther v. Delaware" on Justia Law