95 S.W.2d 561 | Ky. Ct. App. | 1936
Reversing.
The grand jury of Pike county indicted Rosa Green, Pearl Green, Luther Chapman, and Mrs. Luther Chapman for the offense of confederating and banding themselves together for the purpose of intimidating, alarming, disturbing, or injuring another. The indictment was quashed as to Pearl Green on the ground that she was under sixteen years of age. On the trial of the other defendants, Luther Chapman and Mrs. Luther Chapman were acquitted, and Rosa Green was convicted and her punishment fixed at imprisonment for one year. Rosa Green appeals.
The evidence briefly stated is as follows: Rosa Green is the mother of Pearl Green and Mrs. Luther Chapman, and all of them, together with Luther Chapman, occupied the same home. In the month of August, 1935, Pearl Green received a whipping at the hands of her teacher, Miss Jack Palmer, for smoking a cigarette. On her return home from school Pearl told her mother and older sister what had occurred, and showed them the marks on her body. The following morning Mrs. Green, together with Pearl and the Chapmans, went to the school house, Luther Chapman stopping some distance away. On the arrival of Miss Palmer appellant accosted her and asked why she had been whipping her daughter. Appellant took hold of Miss Palmer and began pulling her toward the school house. After entering the school house, appellant assaulted Miss Palmer, and according to Miss Palmer, Mrs. Chapman held her hands while appellant struck her five or six times in the face. Appellant never hit her with anything except her hand, and Mrs. Chapman never hit her at all, but held her. On the other hand, all the defendants, including Pearl Green, denied any agreement or conspiracy to injure Miss Palmer, and further testified that their mother was the only person who struck Miss Palmer, or had anything to do with the trouble.
It is insisted on behalf of appellant that, inasmuch as her alleged coconspirators were either acquitted or discharged under circumstances amounting *727
to an acquittal, her conviction is a repugnancy on the record requiring that it be set aside. Conspiracy is the essential element of the crime of confederating for the purpose of intimidating, alarming, or disturbing another. Alsbrook v. Commonwealth,
Judgment reversed and cause remanded for a new trial not inconsistent with this opinion. *728