It is not arson for one to burn his own house; it must be the house of another.276

A tenant is not guilty of arson in burning the building occupied by him as a tenant.277 And if the owner of a house procures another to burn it, neither is guilty of arson.278

The wife cannot be guilty of arson in burning her husband's dwelling though living separate and apart from him at the time. Nor can the husband

commit arson in burning the dwelling-house his wife owns if he is living with her at the time and has rightful possession with her.279

271 Hughes Cr. Law, Sec. 836.

272 State vs. Jester, 47 S. C, 2: Cook vs. State, 83 Ala., 62. 273 State vs. Cherry, 63 N. C, 493;

Hughes Cr. Law, Sec. 834. 274 Com. vs. Uhrig, 167 Mass., 420;

Carter vs. State, 106 Ga., 372. 275 State vs. Morgan, 98 N. C, 641. 276 Roberts vs. State, 7 Coldw., 359;

People vs. De Winton, 113

Cal., 403; State vs. Keena, 63

Conn., 329.

277 Garett vs. State, 109 Ind., 527;

State vs. Hannett, 54 Vt., 83;

State vs. Lyon, 12 Conn., 487;

Allen vs. State, 10 Ohio St., 287; 2 Greenl. Ev., Sec. 55! 278 Com. vs. Makley, 131 Mass., 421;

State vs. Haynes, 76 Me., 307.

Contra by Statute; Schitz vs.

People, 25 Colo., 261; State vs. Moore, 61 Mo., 276.