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Scott v. State

62 Miss. 781
CourtMississippi Supreme Court
DecidedApril 15, 1885
StatusPublished
Cited by9 cases

This text of 62 Miss. 781 (Scott v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. State, 62 Miss. 781 (Mich. 1885).

Opinion

Arnold, J.,

delivered the opinion of the court.

The building as described by the testimony was not a dwelling-house in legal contemplation. To render a building a dwelling-house it must be a habitation for man, and usually occupied by some person lodging in it at-night. A building which is in fact a dwelling-house does not lose its character as such by a mere temporary absence of its inhabitants who have left with intent to return, but it does not become a dwelling-house, though used for taking meals and other purposes, unless the person occupying it or some one of his family or servants usually sleep in it at night. Bish. Stat. Crimes, § 279; Ex parte Vincent, 26 Ala. 145 ; State v. Warren, 33 Maine 30.

Reversed.

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Cite This Page — Counsel Stack

Bluebook (online)
62 Miss. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-miss-1885.