Gregory v. Com.

• Decision Date: 30 November 1928
• Citation: 11 S.W.2d 432,226 Ky. 617
• Parties: GREGORY v. COMMONWEALTH (two cases).
• Court: Kentucky Court of Appeals

11 S.W.2d 432

226 Ky. 617

GREGORY v. COMMONWEALTH (two cases).

Court of Appeals of Kentucky

November 30, 1928

Appeal from Circuit Court, Laurel County.

Gilbert Gregory and Thomas Gregory, on separate trials, were convicted of crime of sedition, and they appeal. Judgment in each case reversed, with instructions.

Reams &amp Johnson and Ray C. Lewis, all of London, for appellants.

J. W Cammack, Atty. Gen., and Samuel B. Kirby, Jr., Asst. Atty Gen., for the Commonwealth.

DIETZMAN J.

These two cases were tried separately in the court below, but, as they turn in this court on the same point, they will be disposed of by one opinion.

The appellants were jointly indicted for the crime of "sedition." Each demurred to the indictment, and the demurrer was in each instance overruled. On their trials each was found guilty. Gilbert Gregory was sentenced to serve three years in the penitentiary, and Tom Gregory to serve ten years. Although numerous questions are raised in the cases, yet, as we are of opinion that the demurrers to the indictment should have been sustained, we will confine ourselves to this question alone.

The indictment reads:

"The grand jury of Laurel county, in the name and by the authority of the commonwealth of Kentucky, accuse Thomas Gregory and Gilbert Gregory of the crime of sedition committed in manner and form as follows, viz.: The said Thomas Gregory and Gilbert Gregory did on the 23d day of February, 1927, in the county, circuit and state aforesaid, and before the finding of the indictment herein, unlawfully, willfully and feloniously and by force and threats and violence alarm, disturb, hinder, obstruct and intimidate, and attempt to alarm, disturb, hinder, obstruct and intimidate Warren Scoville, the duly elected, qualified and acting sheriff of Laurel county, Kentucky, in the matter of his official action and in the discharge of his official duty by preventing the said Scoville, sheriff, in the manner as aforesaid from arresting the said Thomas Gregory, for whom the said Scoville, sheriff, then and there had in his hands for execution warrants from the Laurel circuit court upon charges for violation of the criminal and penal laws of said state in said county, against the peace and dignity of the commonwealth of Kentucky."

Section 2 of chapter 100 of the Acts of 1920, now section 1148a-2 of the Statutes, defines sedition as:

"The advocacy or suggestion by word, act, deed or writing of public disorder or resistance to the government of the United States or of the commonwealth of Kentucky, or of the Constitution or laws of either of them, or of the change or modification of the government of the United States, or of the commonwealth of Kentucky, or of the Constitution or laws of either of them, by force or violence or by means other than by lawful means provided by the Constitution and laws of the United States and of the commonwealth of Kentucky for such purpose."

Section 3 of the act provides for the punishment for the crime of sedition. Section 7 of the act makes it unlawful, among other things, for any one by violence, force, or threats...