New York Supreme Court January 15, 1836 (People v. Gates)

By the Court,

Savage, C. J.

The revised statutes make four-degrees in the crime of arson. Arson in the first degree is declared to consist in wilfully setting fire to, or burning in the night time, a dwelling house in which there shall be at the time some human being; and every house, prison, jail or other edifice, which shall have been usually occupied by persons lodging therein at night, it is