Commonwealth v. McCarthy

The defendant was indicted for the malicious burning of a building belonging to one Gleason. The indictment contained three counts, charging the same offence to have been committed on August 24, September 6 and 10,1875, respectively. Before the trial began, the government elected to proceed on the third count only.

*355The evidence offered by the government that the defendant, on August 24th and September 6th, set fire to a shed ten feet distant from the building, and connected therewith by a flight of stairs, was competent on the question of the intent with which he burned the same building on…