Sesler v. Commonwealth

• Decision Date: 18 March 1927
• Citation: 294 S.W. 1062,220 Ky. 128
• Parties: SESLER v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

294 S.W. 1062

220 Ky. 128

SESLER v. COMMONWEALTH.

Court of Appeals of Kentucky.

March 18, 1927

Rehearing Denied June 24, 1927.

Appeal from Circuit Court, Christian County.

Homer Sesler and another were convicted of willfully and unlawfully banding together and going forth armed for the purpose of intimidating, alarming, disturbing, and injuring another, and named defendant appeals. Affirmed.

Thomas P. Cook, of Hopkinsville, for appellant.

Frank E. Daugherty, Atty. Gen., and G. D. Litsey, Asst. Atty. Gen for the Commonwealth.

TURNER C.

Appellant Andrew Winters, John Winters, Horace Winters, and Andrew Witners, Jr., were jointly indicted under section 1241a1, Ky Stats., and charged with willfully and unlawfully banding themselves together and going forth armed for the purpose of intimidating, alarming, disturbing, and injuring another, and that they did unlawfully, willfully, and feloniously confederate, agree, and enter into a conspiracy with each other for the purpose of intimidating, alarming, and disturbing H. B. Mosely, and pursuant thereto did go to Mosely's house armed and did intimidate, alarm, and disturb him by their armed presence. The appellants, other than Andrew Winters, Sr., were placed upon their joint trial and appellant and John Winters were found guilty and each sentenced to two years' imprisonment, while Horace and Andrew Winters, Jr., were acquitted. Appellant lives at Nashville, Tenn., but is related to some of the Winters people, and upon the occasion in question was visiting in that neighborhood. In March, 1926, Andrew Winters, Sr., had stored or hidden in the woods near his home in Christian county 600 pounds of sugar and some other material, and about the 12th or 13th of March that material was hauled away by somebody.

On Monday morning, March 15th, Andrew Winters, Sr., went to the home of H. B. Mosely, who lived in the neighborhod, and was accompanied by appellant, although the latter did not go into Mosely's house, but remained near by on the outside. Andrew Winters, Sr., however, went into the house and informed Mosely that he was looking for some stuff that had been taken from him, "some sugar and some other stuff." Mosely informed him he knew nothing about it, and Winters, Sr., told him he believed his team had hauled the stuff, and referred to some tracks. Mosely told him he might search and see if he could find it, but Winters said he did not believe Mosely got it, but he believed his team had hauled it, and that his mule tracks were over there. After this conversation Winters, Sr., left the house and went out where appellant was, and after a talk with him came back and said to Mosely:

"If you have got any whisky or anything around, you had better get it out of the way. I have sent after the right men."

Winters finally told Mosely he believed Dick Dill, another man in the neighborhood, got Mosely's team to haul the stuff with, and further said, "I am going to have my stuff if I have to burn up everything in this country and kill somebody." But modified that statement by saying he was not going to kill anybody, but he would get "the Sesler bunch" to do it.

Immediately after Winters had gone out and had the conversation with Sesler, the latter left and went towards Mannington, where Winters had a brother John and two nephews, Horace and Andrew, Jr. Sesler claims that the elder Winters sent him to get an officer, but that when he...