DWELLING-HOUSE. A building inhab ited by man. A house usually occupied by the person there residing, and his family. The apartment, building, or cluster of build ings in which a man with his family resides. 2 Bish. Cr. Law § 104.
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 equivalent to mansion-house ; Com. v, Pennock, 3 S. & R. (Pa.) 199; State v. Sutcliffe, 4 Strobh. (S. C.) 372; 7 Mann. & G. 122. See 14 M. Be W. 181; 4 C. B. 105; Corn. v. Posey, 4 Call (Va.) 109, 2 Am. Dec. 560.
Judge Cooley, in Stearns v. Vincent, 50 Mich. 219, 15 N. W. 86, 45 Am. Rep. 37, says that in the law of burglary the dwelling house Is deemed to include whateirer is with in the cartilage, even though not inclosed with the dwelling, if used with it for domes tic purposes; People v. Taylor, 2 Mich. 250 Pitcher v. People, 16 Mich. 142.
It must be a permanent structure; 1 Hale, Pl. Cr. 557; 1 Russ. Cr. 798; must be inhab ited at the time; 2 Leach 1018, n.; State v. Warren, 33 Me. 30; Ex parte Vincent, 26 Ala. 145, 62 Am. Dec. 714; Com. v. Barney, 10 Cush. (Mass.) 479; People v. Cotteral, 18 Johns. (N. Y.) 115; Com. v. Posey, 4 Call (Va.) 109, 2 Am. Dec. 560; Scott v. State; 62 Miss. 782. It is"sufficient if a part of the
structure only be used for an abode; Russ. & R. 185; Stedman v. Crane, 11 Mete. (Mass.) 295; Cole v. State, 9 Tex. 42; 2 B. & P. 508 ; Dale v. State, 27 Ala. 31. How far a building may be separate is a difficult question; Com. v. Estabrook, 10 Pick. (Mass.) 293 ; State v. Langford, 12 N. C. 253; Armour v. State, 3 Humphr. (Tenn.) 379; State v. Ginns, 1 N. & McC. (S. C.) 583; Com. v. Sanders, 5 Leigh (Va.) 751; People v. Dupree, 98 Mich. 26, 56 N. W. 1046; Bruce v. Cloutman, 45 N. H. 37, 84 Am. Dec. 111; Chase v. Ins. Co., 20 N. Y. 52; 18 Q. B. 783; 22 Ir. L. T. Rep. 30 ; State v. Clark, 89 Mo. 430, 1 S. W. 332; Davis v. State, 38 Ohio St. 506; State v. Mordecai, 68 N. C. 207.
A suite of rooms in a college of the Uni versity of Cambridge is a dwelling-house; L. R. 4 C. P. 539. Six separate tenants occu pied a house of ten rooms, each having ex clusive possession of his part of the premis es and the owner did not reside there. The outer and street door had no lock or bolt and was always kept open. The entry, stair way, and an ashpit and other conveniences were used in common. Two of the judges held that each of the six tenants occupied a "dwelling-house," and two held otherwise; L. R. 6 C. P. 327.