State v. Warren

Supreme Judicial Court of Maine

State v. Warren

33 Me. 30

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1851

StatusPublished

Cited by6 cases

This text of 33 Me. 30 (State v. Warren) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Warren, 33 Me. 30 (Me. 1851).

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Opinion

The inquiry should not have been, what the house was designed for, or was capable of being, but whether it was then a dwellinghouse.

To constitute a building a dwellinghouse, it must be a habitation for man, and usually occupied by some person lodging in it at night, though such occupant may for a time be absent, leaving furniture therein, with a,n intention of returning. 4 Black. Com. 224; 1 Leech, 185; 2 Russell, 914, 922.

Under an intimation from the Court that the instructions were erroneous, and could not be sustained, the Attorney General entered a nol. pros., and the defendant was discharged.

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The inquiry should not have been, what the house was designed for, or was capable of being, but whether it was then a dwellinghouse.

To constitute a building a dwellinghouse, it must be a habitation for man, and usually occupied by some person lodging in it at night, though such occupant may for a time be absent, leaving furniture therein, with a,n intention of returning. 4 Black. Com. 224; 1 Leech, 185; 2 Russell, 914, 922.

Under an intimation from the Court that the instructions were erroneous, and could not be sustained, the Attorney General entered a nol. pros., and the defendant was discharged.

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Bluebook (online)

33 Me. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warren-me-1851.

Opinion

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