WALKER, Presiding Justice, for the Court:
Lester Pettway and David Melton were indicted and convicted of burglary of a dwelling house. They bring this appeal from the decision of the Circuit Court of Warren County.
It is uncontradicted in the record that the house in question was under construction and had never been occupied. Since no one had ever lived in it, the house had never become and was not a dwelling house within the statute defining burglary of...
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