Commonwealth v. Cross

COMBS, Judge.

This is an arson case in which the Commonwealth appeals from an order of the Oldham Circuit Court that dismissed an indictment against Donald Cross on the basis that the word “building” as defined in KRS 513.010 refers only to structures which are suitable for occupancy, and does not include automobiles.

The appeal is before this court on an agreed statement of the case, and the facts supporting the indictment are simple and few. Appellee was employed by the AN-AMAG plant in LaGrange, Kentucky, as a night watchman. Early in the morning of January 1, 1987, while the appellee was at…