Kentucky v. Plowman
Kentucky Supreme Court
86 S.W.3d 47 (2002)
- Written by Sean Carroll, JD
Facts
Plowman (defendant) was indicted for second-degree arson for intending to destroy another person’s bulldozer by fire. The charge of second-degree arson required that Plowman intended to destroy a “building” with fire. The definition of building originally included vehicles that were used as residences. In 1982, the definition of building was expanded to remove the requirement that a vehicle be used as a residence. After the amendment, included in the definition of building were “automobile, truck, watercraft, aircraft, trailer, sleeping car, railroad car, or other structure or vehicle.” The trial court found that a bulldozer was not a vehicle, and thus not a building, and granted Plowman’s motion to dismiss. The court of appeals affirmed. The Commonwealth of Kentucky (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Wintersheimer, J.)
Dissent (Keller, J.)
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