Commonwealth v. Plowman

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals affirming an order of the Estill Circuit Court which dismissed a criminal indictment charging Plowman with second-degree arson.

The sole question is whether a bulldozer is a vehicle for purposes of the arson statutes, KRS 513.010 et seq.

Plowman was indicted for second-degree arson. The indictment charged that he started a fire with the intent to destroy or damage a bulldozer owned by another, contrary to KRS 513.030. After hearing oral arguments, the circuit judge granted the pre-trial motion by Plowman to dismiss…