Jackson v. Com.
| Decision Date | 07 March 1952 |
| Citation | 247 S.W.2d 52 |
| Parties | JACKSON et al. v. COMMONWEALTH. |
| Court | United States State Supreme Court — District of Kentucky |
J. B. Campbell, Carlos B. Pope, Barbourville, for appellants.
A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.
The joint trial of Frank Jackson and his parents, Bob and Mattie Jackson, in the Knox Circuit Court on the charge of assault and battery resulted in the conviction of all. Frank and Bob were each given a fine of $300 and a term of 90 days in the county jail, while the jury fixed Mattie's punishment at a fine of $100 and 30 days in jail. All three moved this court to grant them an appeal. As we read the briefs, their sole ground for reversal is that the court erred in refusing to direct a verdict for the accused.
At the outset, we are met with a motion by the Commonwealth to dismiss the motion for an appeal by Frank on the ground that he never executed a supersedeas bond and is a fugitive from justice. It appears from the record Frank did not supersede the judgment, voluntarily left the realm and is now in the United States army serving in the Canal Zone. This requires his appeal to be dismissed. Norton v. Com., 78 Ky. 501; Crum v. Com., 232 Ky. 331, 23 S.W.2d 550.
The principal prosecuting witness was Sampson B. Knuckles, County Attorney of Knox County. On the occasion when the trouble arose Mr. Knuckles was in a rural community near the home of the three Jacksons investigating the illegal sale of liquor and interviewing some witnesses on this subject. It appears from the record he had previously prosecuted the accused and they were disgruntled on that account. The uncontradicted proof shows Frank asked his father to stop the car in which they were riding, alighted therefrom, went back to where Mr. Knuckles was seated in his car, cursed Knuckles, attempted to pull him out of the car, struck him and tore off his shirt and tie.
Mr. Knuckles and several other witnesses for the Commonwealth testified Bob came to the door of the Knuckles car opposite from the door thereof where Frank stationed himself, and Bob laid one hand on the door of Knuckles' car with the other in his pocket, cursed Knuckles and said to Frank, . Bob's testimony is he did not put his hand in his pocket or curse Knuckles, but went to the Knuckles car only for the purpose of dissuading Frank from pulling Knuckles out of the car and attacking him. Under this conflicting evidence it is patent Bob was not...
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