Chap. 154.—An ACT to amend and re-enact Section 4428 of the Code of Vir-
ginia, as heretofore amended, relating to burning or destroying dwelling
houses at night. [fH B 336]

Approved March 15, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-four hundred and twenty-eight of the Code of Virginia,
as heretofore amended, be amended and re-enacted so as to read as
follows:

Section 4428. Burning or destroying dwelling house, et cetera,
at night.—If any person, in the night time, maliciously burn, or by
the use of dynamite, or nitro-glycerine, or any other explosive sub-
stance, maliciously destroy, in whole or in part, or cause to be burned
or destroyed, or aid, counsel or procure the burning or destruction of
any dwelling house, whether the property of himself or of another,
or any hotel, asylum, or other house in which persons usually dwell
or lodge, or any railroad car, boat, or vessel, or river craft, in which
persons usually dwell or lodge, or any jail or prison, or maliciously set
fire to anything or cause to be set on fire, or aid, counsel or procure
the setting fire to anything by the burning whereof such dwelling
house, hotel, asylum, or other house, or railroad car, boat, vessel or
river craft, jail or prison, shall be burned in the night time, he shall
be guilty of arson and he shall be punished with death, or in the dis-
cretion of the jury, by confinement in the penitentiary not less than
five nor more than twenty years, but if the jury find that at the time
of committing the offense there was no person in such dwelling house,
hotel, asylum, or other house, or in such railroad car, boat, vessel,
or river craft, jail or prison, the offender shall be punished by con-
finement in the penitentiary not less than five nor more than twenty
years. Any such burning or destruction in the day time shall be
punished by confinement in the penitentiary not less than three nor
more than ten years. And if any person in the night time maliciously
burn, or by the use of dynamite, or nitro-glycerine, or any other ex-
plosive substance, destroy or cause to be burned or destroyed, or aid,
counsel or procure the burning or destruction of any barn, stable,
shed, or other building containing livestock, whether such building be
the property of himself or of another, the livestock being in the build-
ing at the time of the burning or destruction, he shall be punished
by confinement in the penitentiary not less than three nor more than
ten years.