Scott v. State
Cases that cite this one
8 later published cases cite this decision.
- Washington v. State (Miss. Ct. App. 1999)
- Washington v. State (Miss. Ct. App. 1999)
- Gillum v. State (Miss. 1985)
- Chad Bowman v. State of Mississippi (Miss. 2019)
- Giles v. Commonwealth (Va. Ct. App. 2008)
- Carr v. State (Miss. Ct. App. 2000)
- George Ralph James, Jr. v. United States (9th Cir. 1956)
- Carrier v. State (Ind. 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.