James v. Commonwealth

WADDILL, Commissioner.

Clarence James, Andy Lohden, Aylette Rohden and Kenneth Young were jointly indicted for committing the crime prohibited by KRS 437.110(1), viz., confederating and banding themselves together for the purpose of intimidating, alarming, disturbing, and injuring another. Appellant, Clarence James, was tried separately, found guilty, and his punishment fixed at 8 years and 1 day in the penitentiary.

Several grounds are urged for reversal, the most serious of which is that erroneous instructions were given to the jury. This •complaint relates to the penalty provisions ■of the…