GILES v. COM.

Record No. 0455-07-3.

658 S.E.2d 703 (2008)

51 Va. App. 449

Christopher Lee GILES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 8, 2008.


Attorney(s) appearing for the Case

Jameson R. Whitney, for appellant.

Karen Misbach, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FRANK, HUMPHREYS and HALEY, JJ.


HALEY, JR., 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...

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