Bennett v. Commonwealth

Opinion op the Court by

Chief Justice Settle

Affirming.

The appellants, William Bennett and Jeff Angel, were indicted, tried, and convicted in the Lee Circuit Court and their punishment fixed at confinement in the penitentiary one year each, for the crime of defacing branded railroad ties in violation of subsection 11 of Section 1409, Ky. St. Failing to obtain a new trial in the court below, they prosecute this appeal.

Subsection 11 of Section 1409, Ky. St. (Russell’s St. Sec. 5867), reads as follows: “Any person or per*454sons who shall unlawfuly ent out, cancel, obliterate or deface any brand…