Gilbert v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Reversing.

Appellants, father and son, jointly indicted with Harvey Gilbert and Earl Richardson for confederating for the purpose of injuring another, Kentucky Statutes, Section 1241a-l, were convicted upon their separate trial and sentenced to imprisonment for one year in the reformatory.

They are here insisting that the judgment of the lower court should be reversed because (1) the court erroneously overruled their joint motion for a directed acquittal verdict; (2) failed to give proper instructions, and (3) because the jury returned its verdict at…