Tayloe v. Commonwealth

STANLEY, Commissioner.

We sustain the motion for an appeal from a judgment of conviction of Paul Tayloe and Jimmie White of the offense of “holding and flourishing” a deadly weapon, described as a pistol, and pointing the same at a “picket line” composed of five named persons and others. KRS 435.200. A fine of $50 was imposed upon each defendant. While the evidence was to the effect that different and distinct offenses were committed by the respective defendants, their joint indictment and trial were not questioned.

The acts charged occurred during a strike of miners in Perry County and…