Brashear v. Commonwealth

• Decision Date: 18 June 1937
• Citation: 269 Ky. 293,106 S.W.2d 999
• Parties: BRASHEAR v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

106 S.W.2d 999

269 Ky. 293

BRASHEAR v. COMMONWEALTH.

Court of Appeals of Kentucky

June 18, 1937

Appeal from Circuit Court, Clay County.

Arnold Brashear was convicted for injuring another, and he appeals.

Reversed and remanded.

A. T W. Manning, of Manchester, for appellant.

Hubert Meredith, Atty. Gen., for appellee.

DRURY Commissioner.

Arnold Brashear has appealed from a judgment imposing upon him two years confinement in the penitentiary for injuring another.

The Facts.

On Saturday night, October 3, 1936, a revival meeting was in progress at the Horse Creek Baptist Church and Esquire Jones the justice of the peace in that district (No. 1 of Clay county), attended the meeting.

Arnold Brashear, Arthur Fisher, Homer Fisher, and Carlo Belt from the Little Goose Creek neighborhood were at the church, but not in it. They were on the outside, were in an angry mood and were cursing and carrying on about some difficulty they or some of them had had with Lane Gibson's son and a man named Jarvis from the Horse Creek neighborhood, which difficulty they were apparently seeking to renew.

When the meeting broke up and the congregation came out of the church, the cursing and threats of the Little Goose Creek crowd became louder and more emphatic. Esquire Jones tried to quiet them without result, then he told them to consider themselves under arrest, to which they paid no attention and declared they would not be arrested unless "the others" were also arrested, and when asked who "the others" were, they refused to say. Then Esquire Jones directed Gilbert Curry and Mose Lewis to arrest them and they started to them, whereupon the members of the Little Goose Creek crowd, who had started up the road, gave such evidence of resistance that Esquire Jones recalled the men he had told to arrest them and told them to get their names and he would issue a warrant for them the next day.

Esquire Jones and those with him started down the road to their homes and had gone about 150 yards when they were overtaken and attacked by the Little Goose Creek crowd, who had turned back and pursued them. Homer Fisher attacked Gilbert Curry, Carlo Belt attacked Estill Webb, and Arthur Fisher and Arnold Brashear attacked Esquire Jones. A short and rather violent struggle ensued in which blows and hurts were given and received. Presently, Esquire Jones fell apparently dead and the Little Goose Creek crowd fled. Esquire Jones...