Thacker v. Commonwealth

Opinion op the Court by

Commissioner Hobson—

Reversing.

Ora Lee Thacker was indicted in the Christian circuit court for the crime of being accessory before the fact to the felonious burning of a dwelling house. She demurred to the indictment. The demurrer was overruled. The evidence was heard and at the conclusion ot the trial the circuit court instructed the jury that if they found her guilty they should fix her punishment at confinement in the penitentiary for not less than 5 nor more than 12 years. The jury found her guilty and fixed her punishment at 5 years. 'She appeals.

By section 124 of…