Messer v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

—Affirming.

On Saturday afternoon, August 8, 1942, a church meeting was held in the vicinity of appellant’s home in Knox County. The evidence for the Commonwealth shows that while the meeting was in progress, appellant, his cousin, Howard Messer, T. J. Carnes, a young son of the prosecuting witness, Henry Carnes, and others, sat on a stone wall in front of a store near the church. Appellant twisted the foot of the little Carnes boy, who told him that unless he stopped, he would tell his father. Leonard said he didn’t “give a damn, we will whip him,…