Woods v. State

Appellant was indicted and convicted under the charge of the burglary of a dwelling house. The undisputed proof showed that the house in question, although intended for a dwelling house, had been only recently erected and had not yet been occupied as a dwelling. It was vacant.

Appellant relies on Haynes v. State, 180 Miss. 291, 177 So. 360, wherein the court held that a house from which the occupants had permanently removed on the day before the night of the burglary was not a dwelling at the time of the commission of the alleged crime; and that proof of the burglary of such a house would not…