Criminal – Nighttime B&E – ‘Dwelling House’ – Habitation

By Deborah Elkins
Published: April 14, 2008

A house that the owner slept in about one weekend per month, and maintained for immediate occupancy, was a “dwelling house” for the purpose of a defendant’s conviction of breaking and entering under Va. § 18.2-89. The issue we consider here, one of first impression in Virginia, is the extent to which a person must inhabit ...

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