Hilger v. Commonwealth

Opinion op the Court by

Chiep Justice Rees

— Reversing.

Appellant was .convicted of the crime of burning a building, not a parcel'of a dwelling house,-as .defined by section 1168 of the Kentucky Statutes, and sentenced to serve six years in the penitentiary. It is argued on this appeal that; the' trial court should have peremptorily instructed ; the . jury to find the defendant not guilty, and that the. instructions are erroneous.

The appellant vw-as jointly indicted with John Hilger, Jr., Clyde Hilger, Granville Morgan, and Marvin Hale for the burning of S. M. Hilger’s barn on the night of…