Massachusetts Supreme Judicial Court October 15, 1852 (Commonwealth v. Barney)

Dewey, J.

If to constitute arson it is necessary that the building burned be a dwelling-house in the same sense, as in a charge of burglary, then clearly this building was not the dwelling-house of George H. Wheaton. To constitute such dwelling-house, it must be a place of the residence of the party named. 1 Leach, 185; Foster, 77; 4 Black. Com. 424.