Rash v. Commonwealth

Opinion

COLE, J.

Matthew Rash, sometimes known as Arvil Mathew Rash, was convicted and sentenced to ten years in prison for “break [ing] and enter [ing of] the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein.” Code § 18.2-89. Rash’s appeal presents an issue of first impression in Virginia: whether an unoccupied but furnished dwelling constitutes a “dwelling house” for purposes of Code § 18.2-89 when its last occupant has left with no intent to return and its owners plan to sell it. We conclude that it does not, and therefore find the evidence…