To constitute arson the burning must be wilful and malicious.280

Hence a burning resulting from mere negligence or mischance is not arson.281

An intentional burning makes the act wilful and malicious, and no special ill-will toward the owner is necessary.282

Although malice is an essential element of arson, it need not be specifically shown; it will be presumed from the act where the circumstances warrant it.283

Motive for committing arson is always proper to be shown, yet it is not an indispensable element; it is not material whether the motive be gain or revenge.284

The motive for the burning may be pecuniary, as for the collection of insurance.285