Benge v. Commonwealth

Opinion op the Court by

Judge Dawson

Reversing-

Appellants were jointly indicted on a charge of handing and confederating and upon conviction were sentenced to two years in the penitentiary. The indictment apparently charges violation of KRS 437.110 which is as follows:

“No two or more persons shall confederate or band themselves together for the purpose of intimidating, alarming, disturbing or injuring any person, or of taking any person charged with a public offense from lawful custody with the view of inflicting punishment on him or of preventing his prosecution, or of doing any felonious act.

“…