George Ralph James, Jr. v. United States

HEALY, Circuit Judge.

Appellant was convicted on a charge of feloniously breaking and entering a dwelling house in the night time with intent to commit larceny therein, and was sentenced to imprisonment for a term of 18 months. He seeks reversal on the ground that the structure he was charged with entering was not shown to be a “dwelling house” within the meaning of the Alaska law.

The offense of burglary is dealt with in Article 3 of Chapter 5 of the Alaska Criminal Code. The Article contains five sections, numbered § 65-5-31 to § 65-5-35, inclusive. The section under which the indictment here…