Dwelling House

A building inhabited by man; a house usually occupied by the person there residing, and his family; the apartment, building, or cluster of buildings in which a man with his family resides.- 1 Bish. Grim. Law, § 165. The importance of an exact signification for this word is often felt in criminal cases; and yet it is very difficult to frame an exact definition which will apply to all cases. It is said to be quivalent to "mansion house." 3 Serg. & R. (Pa.) 199; 4 Strob. (S. C. 872; 13 Bost. Law Rep. 157; 7 Man. & G. 122. See 14 Mees. & W. 181; 4 C. B. 105; 4 Call (Va.) 109. It must be a permanent structure (1 Hale, P. C. 557; 1 Russ. Crimes [Greaves Ed.] 798), it must be complete (20 Conn. 245), and it must be inhabited at the time (2 Mass. 478; 52 N. C. 167). It is sufficient if a part of the structure only be used for an abode. Russ. & R. 185; 2 Taunt. 339; 1 Moody, G. C. 248; 11 Mete. (Mass.) 295; 9 Tex. 42; 2 Bos. & P. 508; 27 Ala. (N. S.) 31. Rooms in a tenement house are a dwelling. 80 N. Y. 327. A jail has been held a dwelling house. 18 Johns. (N. Y.) 115; 4 Call (Va.) 109. It includes buildings within the curtilage. 16 Mich. 142; 2 N. G. 118.