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Setting fire to a dwelling house, any person being therein.
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2. Whosoever shall unlawfully and maliciously set fire to any dwelling house, any person being therein, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, . . . or to be imprisoned, . . . and, if a male under the age of sixteen years, with or without whipping.
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