George Ralph James, Jr. v. United States

Appellant was convicted on a charge of feloniously breaking and entering a dwelling house in the night time with intent to commit larceny therein, and was sentenced to imprisonment for a term of 18 months. He seeks reversal on the ground that the structure he was charged with entering was not shown to be a “dwelling house” within the meaning of the Alaska law.

The offense of burglary is dealt with in Article 3 of Chapter 5 of the Alaska Criminal Code. The Article contains five sections, numbered § 65-5-31 to § 65-5-35, inclusive. The section under which the indictment here was laid is § 65-5-31, denominated “Burglary in dwelling house.” This section we set out in full on the margin.

The term “dwelling house” is defined in § 65-5-35 of the Article as follows: “ ‘Dwelling house’ defined. That any building is deemed a ‘dwelling house’ within the meaning of the sections of this act defining the crime of burglary any part of which has usually been occupied by any person lodging therein, and any structure joined to or immediately connected with such building.” [Emphasis supplied.]

Another section of the Article, denominated § 65-5-32, bears the title “Burglary not in dwelling house.”…