Litton v. Commonwealth

LUKOWSKY, Justice.

Litton was convicted of the second degree burglaries of the Virgie Pharmacy and the adjoining Virgie Clinic. He was sentenced to two consecutive ten year terms of imprisonment. He appeals. We reverse and remand.

This case requires us to judicially define the term “inhabited building” as it is used in the burglary statutes, KRS 511.-010-.040. The word “inhabited,” added by the 1978 Legislature, is not statutorily defined. Commonly, to inhabit means “to occupy as a place of settled residence or habitat: live or dwell.” Webster’s Third New International Dictionary 1163. However,…