Newton v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing..

This is an appeal from a judgment convicting appellants, Henry Newton and Pete Harper, of the crime of confederating and handing themselves together for the-purpose of intimidating, alarming, and disturbing another, and fixing their punishment at two years ’ imprisonment.

The evidence discloses that in Muhlenberg county there was a strike at the Brownsville Mine owned by the Gibralter Coal Company. Newton was a miner, but Harper was not. Between the hours of 6 and 7 a. m., about 150 miners assembled on a road leading to the property of the mining…