Commonwealth v. Miller

Opinion ok the Court by

Judge Dietzman

Reversing.

The appellee was indicted for the offense denounced by section 1167 of the 1930 Edition of Carroll’s Kentucky Statutes, she being charged with the willful and malicious burning of her own dwelling" house. The court sustained a demurrer to the indictment and then dismissed it. Pursuant to section 337 of the Criminal Code of Practice, the commonwealth has appealed.

The lower court based its action on the theory that it was unconstitutional for the Legislature to prohibit an individual from burning, even though willfully and maliciously, his own…