Commonwealth v. Morton
| Decision Date | 16 November 1910 |
| Citation | 140 Ky. 628,131 S.W. 506 |
| Parties | COMMONWEALTH v. MORTON et al. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Boone County.
O. P Morton and others were indicted for unlawfully confederating and banding themselves together to intimidate one John L Vest. From an order sustaining a general demurrer to the indictment, the Commonwealth appeals. Reversed, with directions.
James Breathitt, Atty. Gen., and Theo. B. Blakey, Asst. Atty. Gen for the Commonwealth.
John S. Gaunt and Clore, Dickerson & Clayton, for appellees.
The indictment, to which a general demurrer was sustained, charged O. P. Morton and Nora Morton with the offense of unlawfully confederating and banding themselves together for the purpose of intimidating, disturbing, alarming, or injuring John L. Vest, by writing and placing in the post office at Warsaw, in Gallatin county, Ky. a letter properly stamped and addressed to John L. Vest at Walton, in Boone county, Ky. at which place it was received by him. The letter, which was delivered to Vest by the postmaster at Walton, reads as follows:
The indictment was found under subsection 6 of section 1241a of the Kentucky Statutes (Russell's St. § 3701), reading: "If any person shall send, circulate, exhibit or put up any threatening notice or letter, signed with such person's own or another's name or anonymously, he shall upon conviction thereof be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned in the county jail not less than three nor more than twelve months." It is insisted by counsel for the appellees that the ruling of the lower court was correct for two reasons: First, because the letter did not violate the statute; and, second, if it did, the venue of the action was in Gallatin county, and not Boone county.
In Commonwealth v. Patrick, 127 Ky. 473, 105 S.W. 981, 32 Ky. Law Rep. 343, which was a prosecution for sending a letter in violation of the statute, supra, we said that: "To sustain a prosecution for sending or circulating such letters they must pertain to one or the other acts which are denounced by the statute, viz., the banding together of persons for the purpose of intimidating, alarming, disturbing, or injuring any person, or to rescue a prisoner charged with a public offense, or to prevent the lawful prosecution of such prisoner, or an unlawful confederation for the purpose of injuring property of another; and unless the threatening letter has reference to or bears upon such unlawful banding or confederation for one of the purposes denounced by the statute, it does not fall under subsection 6 of section 1241a." And it was further said that the letter or its substance should have been set out in the indictment, so that the defendant might have prepared herself to meet the exact accusation at her trial. And so it is necessary that an indictment under this statute should charge that the threatening letter or writing was sent, circulated, exhibited, or put up by persons who had confederated and banded together for the purpose of intimidating, disturbing, alarming, and injuring the person mentioned or referred to in the letter or writing, and that the letter or writing should be incorporated in the indictment, unless it has been lost or destroyed, or is in the possession of the accused, or contains matter too obscene or filthy to be perpetuated as a part of the records of the court. Kinnaird v. Commonwealth, 134 Ky. 575, 121 S.W. 489.
As the indictment fully satisfies all these requirements, it stated in this particular facts sufficient to constitute an offense if the letter incorporated in the indictment was of such a character as to threaten, intimidate, disturb, or injure Vest. It was not necessary that the indictment should charge that any special object or purpose was intended to be accomplished in writing the letter, or essential to its validity or the maintenance of the prosecution that the commonwealth should either allege or prove that the persons who under the circumstances stated wrote the letter had any particular reason for so doing. The statute includes any letter or writing that is calculated to alarm, disturb, intimidate, or injure, without reference to whether it designates, describes, or mentions any offense that has been committed by the person referred to, or contains any statement showing why it was written or posted. Nor is it important what form of expression is used, if in fact it contains matter that violates the statute, and is written as a result or part of a conspiracy, confederation, or banding together for the purpose of intimidating, alarming, disturbing, or injuring another person, and is of such a character as that it will accomplish either one of these purposes. Nor is it essential that the person concerning whom the letter or notice is written should either read, receive, or see it, if in fact it was sent, circulated, exhibited, or put up.
The object of the statute was to prevent evil-minded mischievous, reckless, or malicious persons from intimidating, alarming, disturbing, or injuring others. And it should be given such a construction as will accomplish the purpose of its enactment, which was to promote and preserve the peace, quiet, and good...
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