Giles v. Commonwealth

HALEY, Judge.

I. INTRODUCTION

Code § 18.2-89 states in part that “[i]f any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or larceny therein, he shall be guilty of burglary.” The issue we consider here, one of first impression in Virginia, is the extent to which a person must inhabit a house for it to constitute a “dwelling house” under the statute. We conclude that under the facts of this case, where the owner slept in the house about one weekend per month and maintained the house ready for immediate occupancy, such habitation suffices to…