Page:1887 Compiled Laws of Dakota Territory.pdf/1133

Burglary.

§ 6729. 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.

§ 6730. 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.

§ 6731. 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.

§ 6732. Maliciously burning in the day time a building, the burning of which in the night time would be arson in the second degree, is arson in the third degree.

§ 6733. Maliciously burning in the night time any building, not the subject of arson in the first or second degree, including any house for public worship, school house or public building belonging to the people of this territory, or to any county, city, town or village, any building in which have usually been deposited the papers of any public officer, and any barn, mill or manufactory, is arson in the third degree.

§ 6734. Maliciously burning in the day time any building, the burning of which in the night time would be arson in the third degree, is arson in the fourth degree.

§ 6735. Arson is punishable by imprisonment in the territorial prison, as follows:

1. Arson in the first degree, for any term not less than ten years.

2. Arson in the second degree, not exceeding ten years and not less than seven years.

3. Arson in the third degree, not exceeding seven years and not less than four years.

4. Arson in the fourth degree, not exceeding four years and not less than one year, or by imprisonment in a county jail not exceeding one year.

§ 6736. Every person who breaks into and enters in the night time, the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:

1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house, or the lock or bolt of such door, or the fastening of such window or shutter; or,

2. By breaking in any other manner, being armed with a dangerous weapon, or being assisted or aided by one or more confederates, then actually present; or,

3. By unlocking an outer door by means of false keys, or by picking the lock thereof,

Is guilty of burglary in the first degree.