Scott v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. Hon. B. F. Tbimble, Judge. Appellant was convicted of an attempt to commit burglary by breaking and attempting to enter a dwelling-house. The record shows that no one resided or slept in the house at the time of the commission of the alleged offense, and that there was nothing in the house except “ some old clothes and bedding.”
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Appeal from the Circuit Court of Washington County. Hon. B. F. Tbimble, Judge. Appellant was convicted of an attempt to commit burglary by breaking and attempting to enter a dwelling-house. The record shows that no one resided or slept in the house at the time of the commission of the alleged offense, and that there was nothing in the house except “ some old clothes and bedding.” The owner of the building visited the place once or twice a year, and remained sometimes a week and sometimes less, and while there he slept and ate in the house, but his cooking was done elsewhere, and his meals…
1Opinion of the CourtArnold, J.
The building as described by the testimony was not a dwelling-house in legal contemplation. To render a building a dwelling-house it must be a habitation for man, and usually occupied by some person lodging in it at-night. A building which is in fact a dwelling-house does not lose its character as such by a mere temporary absence of its inhabitants who have left with intent to return, but it does not become a dwelling-house, though used for taking meals and other purposes, unless the person occupying it or some one of his family or servants usually sleep in it at night. Bish. Stat. Crimes, §…
2Cases cited2 opinions
- Ex parte VincentSupreme Court of Alabama · 1855
- State v. WarrenSupreme Judicial Court of Maine · 1851
3Cited by9 opinions
- Gillum v. StateMississippi Supreme Court · 1985
- Carrier v. StateIndiana Supreme Court · 1949
- George Ralph James, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- Carr v. StateCourt of Appeals of Mississippi · 2000
- Haynes v. StateMississippi Supreme Court · 1937
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