McDonald v. Commonwealth
Court of Appeals of Kentucky
Case 3 — INDICTMENT APPEAL PROM MEADE CIRCUIT COURT. I. The general words, “or any other house whatever,” as used in section 3, of article 7, chapter 29, General Statutes, can not be so construed as to embrace a church. Where a particular enumeration of several classes of persons or thing's is followed by such general words as those quoted, the general words are restricted in moaning to objects of the like kind with those specified.
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Case 3 — INDICTMENT APPEAL PROM MEADE CIRCUIT COURT. I. The general words, “or any other house whatever,” as used in section 3, of article 7, chapter 29, General Statutes, can not be so construed as to embrace a church. Where a particular enumeration of several classes of persons or thing's is followed by such general words as those quoted, the general words are restricted in moaning to objects of the like kind with those specified. (1 Bishop on Criminal Law, 275.) The case of Wallace v. Young, 5 Mon., 155, commented on. 2. The statute allowing defendants in criminal cases to testify in their…
1Opinion of the CourtChief Justice Pryor
The appellant, McDonald, was tried and convicted in the Meade circuit court of the crime of house-burning, it being alleged in the indictment that the accused willfully and unlawfully set fire to and burned the Cedar Grove Church, the property of and belonging to the Methodist Episcopal Church, South, etc., contrary to the form of the statute in such cases made and provided.
The statute provides: “If any person shall willfully and unlawfully burn a powder-house, tobacco-house, warehouse, store-house, stable, barn, or any house or place where wheat, corn or other grain, grass, fodder, hemp,…
2Cases cited2 opinions
- Connors v. . the PeopleNew York Court of Appeals · 1872
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- State v. OgdenOregon Supreme Court · 1901
- Shell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Davenport v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Commonwealth v. WelchCourt of Appeals of Kentucky · 1901
- Chico Duwan Rucker v. Commonwealth of KentuckyKentucky Supreme Court · 2017
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