Arson, at common law, is the act of unlawfully
and maliciously burning the house of another man. 4 Steph. Comm. 99; 2 Russ. Crimes, 896; Steph. Crim. Dig. 298.
Arson, by the common law, is the willful and malicious burning of the house of another. The word "house," as here understood, includes not merely the dwelling-house, but all outhouses which are parcel thereof. State v. McGowan, 20 Conn. 245, 52 Am. Dec. 336; Graham v. State, 40 Ala. 664; Allen v. State, 10 Ohio St. 300; State v. Porter
, 90 N. C. 719
; Hill v. Com., 98 Pa. 195; State v. McCoy, 162 Mo. 383, 62 S. W. 991.
Arson is the malicious and willful burning of the house or outhouse of another. Code Ga. 1882, § 4375. Arson is the willful and malicious burning of a building with intent to destroy it. Pen. Code Cal. § 447.
Degrees of arson. In several states, this crime is divided into arson in the first, second, and third degrees, the first degree including the burning of an inhabited dwelling-house in the night-time; the second degree, the burning (at night) of a building other than a dwelling-house, but so situated with inference to a dwelling-house as to endanger it; the third degree
, the burning of any building or structure not the subject of arson in the first or second degree, or the burning of property, his own or another's, with intent to defraud or prejudice an insurer
thereof. People v. Durkin, 6 Parker, Cr. R. (N. Y.) 248; People v. Fanshawe, 65 Hun, 77, 19 N. Y. Supp. 865; State v. McCoy, 162 Mo. 383, 62 S. W. 991; State v. Jessup, 42 Kan. 422, 22 Pac. 627.