Short v. Commonwealth

Opinion op the Court by

Judge Thomas

— Reversing.

The grand jury of Owsley County returned an indictment accusing Hubert Frost and appellant jointly of the offense of barn burning, and which is made a crime and punishable by Section 1168 of Baldwin’s 1936 Revision of Carroll’s Kentucky Statutes, the date of the commission of the offense being near midnight of May 16, 1942. Appellant, at his separate trial in June thereafter was convicted and punished by the verdict with confinement in the penitentiary for ten years — the maximum contained in the statute referred to. Appellant’s motion for a new…