Page:1864-65 Territory of Dakota Session Laws.pdf/154

142 Section 529. Intent to destroy the building requisite.

530. Contiguous buildings.

531. Degrees of arson.

532. First degree defined.

533. Appurtenances to building.

534. Burning in daytime, when arson in second degree.

535. Burning in night time, when arson in second degree.

536. Burning in daytime, when arson in third degree.

537. Burning in the night time, when arson in third degree.

538. Fourth degree defined.

539. Punishment of arson.

Sec. 521. Arson is the willful and malicious burning of a building, with intent to destroy it.

Sec. 522. Any house, edifice, structure, vessel or other erection, capable of affording shelter for human beings, or appurtenant to, or connected with an erection so adapted, is a "building" within the meaning of the last section.

Sec. 523. Any building is deemed an "inhabited building" within the meaning of this chapter, any part of which has usually been occupied by aly person lodging therein at night.

Sec. 524. The words "night time” in this chapter include the period between sunset and sunrise.

Sec. 525. To constitute a burning within the meaning of section 521, it is not necessary that the building set on fire should be destroyed. It is sufficient that fire is applied so as to take effect upon the substance of the building.

Sec. 526. To constitute arson it is not necessary that another person than the accused should have had ownership in the building set on fire. It is sufficient that at the time of the burning another person was rightfully in the possession of, or was actually occupying, such building, or any part thereof.

Sec. 527. An omission to designate, or error in designating in an indictment for arson, the owner or occupant of a building, shall not prejudice the proceedings thereupon, if it appears