Collier v. Commonwealth

Opinion of the court by

JUDGE O’REAR

Reversing.

Appellant was indicted and convicted under section 1170, Kentucky Statutes, for “willfully, maliciously, and unlawfully burning a dwelling* bouse occupied as a residence.” When tbe case was called for trial, appellant was pres*517ent, a jury was selected and sworn, and, after the trial was thus begun, appellant made his escape, and continued at large for some months. The Commonwealth’ attorney elected to proceed with the trial, acting under section 183, Criminal Code Practice, which is as follows: ‘If the indictment be for a felony the defendant must…