Page:1864-65 Territory of Dakota Session Laws.pdf/155

Rh that upon the whole description given of the building, it is sufficiently identified to enable the prisoner to prepare his defense.

Sec. 528. Malice sufficient to constitute arson, is inferred from proof that the prisoner committed an act of burning a building, and that some other person was rightfully in possession of, or actually occupying any part thereof. It is not necessary that the accused should have had actual knowledge of such possession or occupancy or should have intended to injure any person.

See. 529. But the burning of a building under circumstances which shows beyond a reasonable doubt that there was no intent to destroy it, is not arson.

Sec. 530. Where any appurtenance to any building is so situated with reference to such building, or where any building is so situated with reference to another building that the burning of the one will manifestly endanger the other, a burning of the one is deemed a burning of the other, within the foregoing definition of arson, and as against any person actually participating in the original setting fire, as of the moment when the fire from the one shall communicate to and burn the other.

Sec. 531. Arson is distinguished into four degrees.

Sec. 532. Maliciously burning in the night time an inhabited building, in which there is at the time some human being is arson in the first degree.

Sec. 533. No warehouse, barn, shed, or other outhouse, is a subject of arson in the first degree, unless it is immediately connected with, and forms part of, an inhabited building.

Sec. 534. Maliciously burning in the day time an inhabited building, in which there is at the time some human being, is arson in the second degree.

Sec. 535. Maliciously burning in the night time a building, not an inhabited building, but adjoining to or within the curtilage of an inhabited building in which there is at the time some human being, so that such inhabited building is endangered, even though it be not in fact injured by such burning, is arson in the second degree.

Sec. 536. Maliciously burning in the day time a building,