King v. Com.

• Decision Date: 20 November 1907
• Parties: KING ET AL. v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

105 S.W. 419

KING ET AL. v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 20, 1907

Appeal from Circuit Court, Bullitt County.

"Not to be officially reported."

Holloway King and another were convicted of breach of the peace, and appeal. Affirmed.

J. R Zimmerman, Ben. Chapeze, and Nat W. Halstead, for appellants.

N. B Hays, Atty. Gen., and Chas. H. Morris, Asst. Atty. Gen., for the Commonwealth.

LASSING J.

Appellants were tried and convicted in the Bullitt circuit court for a breach of the peace, fined $50 and 30 days in jail each, and have prosecuted this appeal because of certain alleged errors.

There is no bill of evidence in this case and the only question to be considered is the sufficiency of the indictment, which is as follows: "The grand jury of Bullitt county, in the name and by the authority of the commonwealth of Kentucky accuse Holloway King, Nelson Smith, and Ed. Bateman of the offense of breach of peace which was committed as follows, to wit: On the 9th day of September, 1905, and in the county and commonwealth aforesaid, the said Holloway King, Nelson Smith and Ed. Bateman did then and there unlawfully commit a breach of the peace by being publicly drunk, cursing and abusing Mrs. Ethel Ogle, and by assaulting her and threatening to kill her husband and to kill her, and calling her a liar, and throwing rocks at and into the dwelling house of Rich Ogle his wife, the said Ethel Ogle, and children being therein, and by breaking the windows and doors of said house, to the terror and disturbance of all good citizens then and there being, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the commonwealth of Kentucky." It is insisted for appellants that the indictment charges several separate and distinct offenses, and that a demurrer should have been sustained to it. A "breach of the peace" is a common-law offense, the punishment for which is provided for by section 1268 of the Kentucky Statutes of 1903. In 5 Cyc. p. 1024, this offense is defined as follows: "The term 'breach of the peace' is generic, and includes all violations of public peace or order or acts tending to the disturbance thereof. The offense may consist of acts of public turbulence or indecorum in violation of the common peace and quiet, of an invasion of the security and protection which the law affords every citizen, or of acts such as tend to...