Burglary Statute and Case Case Study

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4Burglary CaseFactsJimmy Stewart, a renowned Hollywood star, purchased a get-away cabin in western Virginia. Jimmy intended to use the cabin, which was located in the deep woods, at least once per month for long weekends. He assigned an interior designer to buy furniture for his ten rooms and equipped most of the rooms including the kitchen and bedroom. The kitchen had a table and chair as well as cooking and eating utensils while he had a mattress and blankets in one of the rooms. However, Jimmy lost his prestigious status in Hollywood, was broke, and ended up moving to Japan for a sit-com role. Following his move to Japan, Jimmy’s plan to use the cabin each month was never fully realized. After an initial three monthly visits, Jimmy did not use the cabin for two years. Nonetheless, the house still had electricity, water, and some foodstuff in the refrigerator.Burglars broke into Jimmy’s cabin and stole everything in the basement storage area. The sheriff of the local county had arrested one of the burglars named Black Jack Smith. He was arrested when he attempted to sell some of the furniture stolen from the house at a local police bazaar. He was charged and convicted of burglary under Code Ann. § 18.2-89 (1950). Through his attorney, Swifty Lazaar, Black Jack appealed the court’s ruling grounds that Jimmy’s cabin was not a dwelling house.IssueShould Jimmy’s cabin, at the time of the burglary, be considered a dwelling house pursuant to Code § 18.2-89?Analogous CaseIn Giles v. Commonwealth (2009), the court held that a house is regarded as a dwelling house, under Code § 18.2-89, when it is used for habitation including periodic habitation.

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Moreover, the court argues that the burglary…

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…for a house to be considered a dwelling house. So, it does not matter whether Jimmy used the house daily, weekly, or monthly. Therefore, the frequency of use is not a requirement to determine whether Jimmy’s cabin was a dwelling house.ConclusionPursuant to Code § 18.2-89, Jimmy’s cabin is considered a dwelling house at the time of the burglary. There is sufficient evidence to prove that Jimmy’s cabin was a dwelling house at the time of the incident. Therefore, Black Jack’s guilty verdict should be upheld by the Court of Appeals.Based on the burglary statute, a house used for habitation is a dwelling house. Moreover, a house does not lose its dwelling status simply because an individual is absent for either a regular or irregular time period. Periodic habitation of a house does not necessitate that the residence is used at regular periods of time as….....

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