Sizemore v. Commonwealth of Kentucky

Opinion of the Court by

Chief Justice Rees

Reversing.

This appeal involves precisely the same question presented in Gipson v. Commonwealth, 251 Ky. 793, — S. W. (2d) —, this day decided. The appellants, John Size-more and George Sizemore, were jointly indicted for the offense of confederating and banding together for the purpose of injuring the property of another, and upon their trial were found guilty and sentenced to a term of one year each in the penitentiary

The evidence for the commonwealth shows that appellants, pursuant to a threat theretofore made, shot and killed a cow belonging to A.…