Smith v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

At the July, 1936, term of the Knott circuit court, its grand jury returned an indictment against appellant, Robert Smith, and Sam Gibson, wherein they 'were charged with having committed the offense denounced by section 1241a-l of Baldwin’s 1936 edition of Carroll’s Kentucky Statutes, i. e., that of confederating and banding themselves together for the purpose of intimidating, alarming, disturbing, or injuring Andrew Cor-nett. The indictment also contained the further unnecessary, but not fatal, charge that the two defendants therein did, in…