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State court of last resort · ST-VA-SC
Giles v. Commonwealth
No. 080906Supreme Court of Virginia
080906 Giles v. Commonwealth 02/27/2009 In a burglary prosecution under Code § 18.2-89, the Commonwealth was not required to prove that the structure alleged to be a "dwelling house" was inhabited at regular i…
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080906 Giles v. Commonwealth 02/27/2009 In a burglary prosecution under Code § 18.2-89, the Commonwealth was not required to prov…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- February 27, 2009
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080906 Giles v. Commonwealth 02/27/2009 In a burglary prosecution under Code § 18.2-89, the Commonwealth was not required to prove that the structure alleged to be a "dwelling house" was inhabited at regular intervals. Rather, the Commonwealth must provide sufficient evidence that the structure is used as a habitation to satisfy the statute. Evidence of occasional stays at the house, considered together with evidence of current utility services, furnishings, food and other supplies, was sufficient indicia of habitation and actual use of the structure for it to be deemed a dwelling house. Thus the court of appeals did not err in affirming the circuit court's ruling that the structure in this…
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· Supreme Court of Virginia
Affirmed
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080906 Giles v. Commonwealth 02/27/2009 In a burglary prosecution under Code § 18.2-89, the Commonwealth was not required to prove that the structure alleged to be a "dwelling house" was inhabited at regular intervals. Rather, the Commonwealth must provide sufficient evidence that the structure is used as a habitation to satisfy the statute. Evidence of occasional stays at the house, considered together with evidence of current utility services, furnishings, food and other supplies, was sufficient indicia of habitation and actual use of the structure for it to be deemed a dwelling house. Thus the court of appeals did not err in affirming the circuit court's ruling that the structure in this…
Outcome words in this text: affirming.
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