Arson is the malicious burning of the house of another. The term house imports a dwelling house at common law.262 Arson is a felony at common law.

255 State vs. Lowry, 42 W. Va., 205. 256 State vs. Saunders, 68 Iowa, 370;

McGregor vs. State, 16 Ind., 9;

Cross vs. People, 47 PL. 152;

State vs. Hodges (Mo.), 45

S. W., 1093; People vs. Everhardt, 104 N. Y., 591. 257 People vs. Evehardt, 104 N. Y., 591; Fox vs. People, 95 Ill., 71; Hughes Cr. Law, Sec. 975. 258 Anson vs. People, 148 Ill., 494;

People vs. Altman, 147 N. Y., 473; State vs. Lowry, 42 W.

Va., 205; People vs. Whitman, 114 Cal., 338; People vs. Bird, 124 Cal., 32; State vs. Wills (Minn.), 73 N. W., 177; State vs. Swan, 60 Kan., 461; Contra, Barnes vs. Com. (Ky.), 41 S. W., 772.

259People vs. Bird, 124 Cal., 32; Hughes Cr. Law, Sec. 974.

260 13 Am. & Eng. Ency. Law, 1110 (2nd Ed.).

261 Cohn vs. People, 7 Colo.. 274; U. S. vs. Brooks, 3 McArthus (D. C), 315.

The burning of any part of a dwelling house, however small, completes the crime.263 But the offense is not complete if the building is merely scorched or smoked.264

By statutory provisions of the different states, the common law definition of arson has been materially enlarged so as to include other different kinds of buildings and property besides dwelling houses.

The building must be a dwelling-house - a place of residence.265 A house built for and once occupied as a dwelling house but unoccupied at the time of the burning is not a dwelling-house.266 But if the occupants be only temporarily absent it is a dwelling-house.267 A penitentiary in which officers and others live is a dwelling-house;268 and so is a jail containing prisoners.269

The curtilage of a dwelling-house is the space necessary and used for family purposes in carrying on domestic employments. It need not be separated from the other lands by a fence.269a An outhouse situated within the curtilage is a part of the dwelling-house.270

262 1 Hale P. C, 566; 4 Blackstone Com., 220; 2 East P. 0,1015.

263 State vs. Mitchell, 5 Ired, 350; Com. vs. Tucker, 110 Mass., 403; Delaney vs. State, 41 Tex., 601; State vs. Taylor, 45 Me., 322; Underbill's Cr. Ev., Sec. 367; 4 Blackstone Com., 222.

264 Underbill's Or. Ev., Sec. 367; Woolsey vs. State, 30 Tex. App., 346.

265 State vs. Warren 33 Me., 30; People vs. Handley, 93 Mich., 46; Henderson vs. State, 105 Ala., 82; Hughes Cr. Law, Sec. 832.

266 Hooker vs. Com., 13 Gratt (Va.), 763; State vs. Clark, 7 Jones (N. C), 167. 267 Meeks vs. State, 102 Ga., 572;

State vs. Warren, 33 Me., 30;

State vs. McGowen, 20 Conn., 245. 268 State vs. Johnson, 93 Mo., 73. 269 State vs. Collins, 2 Idaho, 1182;

Hughes, Cr. Law, Sec. 837. 269a State vs. Shaw, 30 Me., 523; 4

Blackstone Com. 221. 270 State vs. Roper, 88 N. C, 65;

Hester vs. State, 17 Ga., 130;

Whiteside vs. State, 44 Tenn., 175.