Supreme Court of Virginia April 1, 1875 (Page v. Commonwealth)

Moncure P.

delivered tifie opinion of the court.

The Code, chapter 188, sections 1, 2 and 3, is as follows :

“1. If any person, in the night, maliciously burn the dwelling house of another, or any jail or prison, or maliciously set fire to anything, by the burning-whereof such dwelling house, jail or prison, shall be burnt in the night, he shall be punished with death; but if the jury find that,