Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-06

placed near the railway track at n sta
tion, That 1t was supported upon per-
manent posts, and that Il platform, to
be used in transferring frcights to and
from the car body. had been attached
TO the same. 1t further appeared that
the structure thus located was used as
II freight warehouse" by the railway
company, in precisely the same manner
as II it had been an ordinary WIRE
house built for this Identical purpose
In view OF these facts. we have no diff
Guilty In holding that the structure in
question was house" and accord
insly we approve the instruction to this
effect given by the trial judge to the
Jury. That the structure with which
we are now dealing was not in shape
like an ordinary house, or that Il por-
uon oil the same had been formerly used
as a movable car. does not prevent it
irori being within legal contemplate ton.
u house 1t was certainly no longer n
carr and having all the elements of
perlnanency, and being adapted to the
uses Tor Which Il warehouse is suitable
we see no reason why it should not be
treated rs structure coming Within
the protection of the statute above
cited.
AS will have been observed. the in
dictment alleged that this structure
WIS an Clubhouse There was no evil
dencc showing that the Southern Rail
day Company had or owned any other
DuilninS at this station; and counsel
LOT inc accused thereuDon insisted that
inc house in question could not. in
ieSai contemplation he an Courthouse. :"
ana accordingly that there was n ia
tai variance between the alterations
of the Indictment and the prooT. IF &c
,ruc that the word Clubhouse" primari-
~ means building adjacent to n
dwelling house. and subservient thore
self
After careful consideration. however
we have reached the conclusion that
HE word Clubhouse" rs used in sec
IONS l3G. al and 1i2 of our Penal Code
as applied to n structure not located
within city. town. or village. is in
tended TO embrace Il house of any do
scription which is not n dwelling house
In Watt V. State. CT Ca. &C. this court
hcid that the willful and malicious
burning Of n Country church was in
ulctanic under section 1919 of tho t,on
ENSUING Code, which Is the same as soc
non .lal of tho present Penal Code.
ne status of a railway warehouse. To-
cateu elsewhere than in n. CITY. town
or village. cannot he legally different
rom mat OF a country church similar
~ situated. That all houses other than
dwelling houses. thus located. were in
Tended TO be regarded as lighthouses +"
seems manifest from the provisions OF
o,,,,a. VI. ci'il Coue, winch de-
ciares that setting fire to an out
mousse or another rs described in the
preceding section. shall he punished, -
etc: for. unless this meaning bc given
20 tho word Clubhouse" as used in sec
ton 1872. We would have no ncnaItv
whatever for tho -offcnse of setting fire
To house OF the kind described in thr
present Indictment The truth &c tho
nrcliN out was totally unnecessary IN
this connection cXcept for the exclusive
purpose of distinguishing dwelling
houses from other houses: but tho use
thereof should not. we think. be given
nc ehert Of defeating tho legislative
WI, when clearly was to include hnild-
ines other than those which would or
dinoriiy hr understood as falling with
N he class designated by the word
"oujhouac."