Scott v. State

Citations

• 62 Miss. 781

Syllabus

<p>Burgiaby. Whether house or dwelling. Case in judgment. Section 2738, Code 1880.</p> <p>A house which the owner visits once or twice a year, and in which, during his visits, he sleeps and eats for about a week, hut which at all other times is unoccupied by any person, is not a “ dwelling-house,” the “ breaking and entering” of which, when no one is therein, “ with intent to commit a crime” is “burglary ” under $ 2738 of the Code of 1880.</p>