Hines v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of the crime of arson under KRS 433.010 and sentenced to the penitentiary for a term of two years.

His first claim of error on this appeal is that the indictment was defective in failing to charge a criminal offense, particularly since it did not allege that the act was done “wilfully and maliciously”. The indictment alleged appellant had committed “the crime of arson” and cited the statute proscribing the offense. It also charged the offense was committed “by setting fire to a dwelling house”. Under RCr 6.10(2) and in the light of RCr 6.12, this…