Page:1887 Compiled Laws of Dakota Territory.pdf/1132

§§ 6717-6728

§ 6717. Arson is the wilful and malicious burning of a building, with intent to destroy it.

§ 6718. 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.

§ 6719. Any building is deemed an "inhabited building," within the meaning of this chapter, any part of which has usually been occupied by any person lodging therein at night.

§ 6720. The words “ night time” in this chapter include the period between sunset and sunrise.

§ 6721. To constitute a burning within the meaning of section 6717 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.

§ 6722 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.

§ 6723. 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 that upon whole description given of the building, it is sufficiently identified to enable the prisoner to prepare his defense.

§ 6724. 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.

§ 6725. 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.

§ 6726. 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 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.

§ 6727. Arson is distinguished into four degrees.

§ 6728. 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.