Page v. Commonwealth

Mbncure P.

delivered the opinion of the court.

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

“17 Tf‘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, at the time of committing the offence, there was no person in the dwelling house, jail or prison, the offender shall be confined in the penitentiary not less than five, nor more than fen years.

u2. If any…