ARSON

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ARSON

ARSON, criminal law. At common law an offence of the degree of felony; and is defined by Lord Coke to be the malicious and voluntary burning of thehouse of another, by night or day. 3 Inst. 66. 2. In order to make this crime complete, there must be, 1st, a burningof the house, or some part of it; it is sufficient if any part be consumed,however small it may be. 9 C. & P. 45; 38 E. C. L. R. 29; 16 Mass. 105. 2d.The house burnt must; belong to another; but if a man set fire to his ownhouse with a view to burn his neighbor's, and does so, it is at least agreat misdemeanor, if not a felony. 1 Hale, P. C. 568; 2 East, P. C. 1027; 2Russ. 487. 3d. The burning must have been both malicious and willful. 3. The offence of arson at common law, does not extend further than theburning of the house of another. By statute this crime is greatly enlargedin some of the states, as in Pennsylvania, where it is extended to theburning of any barn or outhouse having bay or grain therein; any barrack,rick or stack of hay, grain, or bark; any public buildings, church ormeeting-house, college, school or library. Act 23d April, 1829; 2 Russell onCrimes, 486; 1 Hawk. P. C. c. 39 4 Bl. Com. 220; 2 East, P. C. c. 21, s. 1,p. 1015; 16 John. R. 203; 16 Mass. 105. As to the extension of the offenceby the laws of the United States, see Stat. 1825, c. 276, 3 Story's L. U. S.1999.

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