Tyree v. Commonwealth

Opinion of the Court by

Chief Justice Rees

Reversing.

Rex Tyree, Troy Tyree, and Tom Tyree, were indicted on a charge of confederating and banding themselves together for the purpose of intimidating, alarming, disturbing, and injuring Gilbert Hood, and on his separate trial Rex Tyree was convicted and his punishment fixed at two years in prison.

It is his contention that hé was entitled to a directed verdict in his favor and that the instructions were erroneous. The disposition of the first question requires a review of the evidence.

Troy Tyree was a brother and Tom Tyree,' a second cousin of the…