168 S.W.2d 993 | Ky. Ct. App. | 1943
Reversing.
Appellants, Claude Brock, Cladus Daulton, and Floyd Sharpe, were convicted of the crime of confederating and banding together to go forth for the purpose of intimidating, alarming, injuring, and disturbing Hobart and Luther Daulton. Each was sentenced to imprisonment in the state reformatory for a period of one year. They seek reversal on the grounds, (1) the evidence is not sufficient to support the jury's verdict, and (2) the court erred in instructing the jury.
Appellants were returning from church when they stopped to drink from a spring which was located approximately 20 yards from the home of the Daultons. The spring is used frequently by persons passing along the road. At the spring they encountered Homer Daulton and immediately thereafter were joined by Luid, Woodrow, and Delno Daulton. There had been no disturbance or unpleasantness previous to that time, and there was no evidence of any concert of action between the three defendants except that they were lawfully proceeding together in the direction of their homes and all were riding mules. Appellant, Cladus Daulton, 17 years of age, was riding behind Claude Brock on one mule and Floyd Sharpe was riding the other. While at the spring, Hobart Daulton and Claude Brock engaged in a slight altercation which was not participated in by either of the other appellants. Following the unpleasant exchange of words, Hobart Daulton returned to his house and was followed by Claude Brock. The others present, including Cladus Daulton and Floyd Sharpe, followed and grouped themselves about 6 feet from Brock, who stationed himself near the door of the house. Hobart Daulton came out the door and he and Brock engaged in a fight. The evidence is conflicting as to who struck the first blow, but, in the course of the fight, Daulton struck Brock on the head with a stick of stovewood knocking him to his knees and stunning him. Immediately thereafter Luther Daulton came out of the house, ordered Brock off the premises, as a result of which he and Brock engaged in a second fight. In this encounter Luther Daulton was struck on the head by Brock. The three appellants then departed on their mules. *313
The crime for the commission of which appellants were convicted is described in section 1241a-1, Carroll's Kentucky Statutes, KRS
The judgment is reversed for proceedings not inconsistent with this opinion.