Young v. Commonwealth
Court of Appeals of Kentucky
Case 3 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. CITED General Statutes, chap. 29, art. 7, page 327. Constitution of Kentucky, art. 13, sec. 14. ' Bell, 38, Regina v. Lyons. Cro. Cases, 376, Rex y. Holmes. Leading Orim. Cases, 463. Cald. 397, Rex y. Schofield. 2 Bishop’s Crim. Prae. section 53. 9 Bush, 345. 12 Conn. 497. 3 Greenleaf on Ev. sec. 51. 1 Bishop’s Crim. Law, secs. 809, 514. 2 Bishop’s Crim.
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Case 3 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. CITED General Statutes, chap. 29, art. 7, page 327. Constitution of Kentucky, art. 13, sec. 14. ' Bell, 38, Regina v. Lyons. Cro. Cases, 376, Rex y. Holmes. Leading Orim. Cases, 463. Cald. 397, Rex y. Schofield. 2 Bishop’s Crim. Prae. section 53. 9 Bush, 345. 12 Conn. 497. 3 Greenleaf on Ev. sec. 51. 1 Bishop’s Crim. Law, secs. 809, 514. 2 Bishop’s Crim. Law, sec. 14. 2 Allen, 163, Commonwealth ,v. Murphy. 9 Bush, 669, Chrystal v. Commonwealth. 1 Wharton’s Amer. Orim. Law, 364. 2 Johnson, 105, People y. Van Blarcum. 2 East’s Pleas of…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
1. The ownership of the house is sufficiently stated in the indictment for arson in this case. It is alleged to have been occupied by Hattie Taylor as a residence, and this, for the purposes of an indictment for arson, is equivalent to an averment that it was her house. The rule that the ownership of the house must be stated does not require that the name of the *245owner in fee should be given. It may be alleged to have been the property of the tenant in possession, for the tenant has a special property in the house during his term. There can be no…
2Cited by4 opinions
- State v. SmithTennessee Supreme Court · 1907
- Coates v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Deaton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Kopcyznski v. StateWisconsin Supreme Court · 1908