State v. Glover

Henry, C. J.,

dissented in an elaborate separate opinion, quoting copiously from Section 184 of the second edition of Wharton on Homicide, where it was declared {as in the Shock case) that when a constructive murder statute uses the word "murder” and not the word "homicide,” a killing must amount to common-law murder to come within it. The author went on to say the following, which we quote because of its bearing on the facts of the instant case:

"No doubt if a person sets fire to a dwelling house under such circumstances that its inmates, as an ordinary sequence of the fire, are burned and…