
    The People against Van Blarcum.
    The defendant was convicted at the last Oyer and Terminer, in Dutchess county, of 'arson, in burning the county court-house and gaol. It was described in the indictment, as the dwelling-house of John Forbes, who was the gaoler, and who, by permission of the sheriff lived with his family in a part of that building, and under the roof with the court-house and gaol.
    A motion was made, in arrest of judgment, on the ground that this was not the dwelling-house of Forbes.
    
    If a pérson be indicted fot* burning the dwellinghouscs of another, if it be, in fact, • the dwelling-house of suefo person, the court will not inquire into the tenure or interest of the occupant.
   Per Curiam.

If one be indicted for burning the dioelL ing-house of another, it is sufficient, if it be, in fact, the

dwelling-house of such person.' The court will not inquire into the tenure or interest which such person has in the house burnt. It is enough that it was his actual dwelling at the time.

Motion denied. 
      
      
        Occupation of the dwelling house seems.suflicient; probably upon the same reason that possession of stolen goods before-the felony is sufficient to lay them in the indictment, as the property of the person from whose possession they were stoloD, and no enquiry can bo made into the title of the possessor of such goods. ’ -
     