Overstreet v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

Reversing.

Appellants were sentenced to one year each in the State Reformatory upon conviction of confederating and banding together for the purpose of intimidating, alarming, disturbing, and injuring J. A. Garrett.

Garrett was operating a planing mill near Rheber, in Casey County, on the morning of December 9, 1946; Ed Overstreet was present and working at the mill. Clay Overstreet, under the influence of liquor, approached Garrett and accused him of “doing” Cecil- Overstreet, Clay’s brother, a “dirty deal.” Garrett told him to leave, but Clay…