Every house used for the dwelling and habitation of man is taken to be a mansion-house within the meaning of the law.

194 4 Blackstone Com., 224; 1 Hale, P. C, 550; Hughes Or. Law, Sec. 693.

195 Hild vs. State, 67 Ala., 39; Lowder vs. State, 63 Ala., 143.

196 Keiderluck vs. State, 23 Tex.

App., 38; Hughes Cr. Law, Sec. 709. 197 State vs. Beal, 37 Ohio St., 108.

Contra See vs. State, 56 Ga., 477; Hughes Cr. Law, Sec. 707.

A mere temporary absence of the inhabitants of a house which is in fact a dwelling-house does not change its character as such, if the occupants left with the intention to return.198

It is well settled that to constitute a building a dwelling house, it is not necessary that any person should be actually in the house at the time a burglary is committed. Nor will a dwelling house cease to be such because of the temporary absence of its occupants, even though another dwelling place may be established for the time being. In all such cases the intention to return is the controlling consideration.199

The owner by visiting a house once or twice a year and sleeping in it occasionally does not make it a dwelling house if it is unoccupied during the rest of the year.200

A mere tent or booth erected in a market or fair is not a dwelling-house for the purpose of burglary;201 nor is a canal boat which has become grounded, though used as a dwelling-house by the captain thereof.202

Merely sleeping in a house or store to protect the premises does not make it a dwelling-house. But where a building is used partly as a storehouse and other parts of it as a dwelling by the owner, it is his dwelling-house.203

198 Scott vs. State, 62 Miss., 781. 199 Schwabacker vs. People, 160

Ill., 618, 626. 200 Scott vs. State, 62 Miss., 782. 201 4 Blackstone, 225; 1 Hale, P.

C, 557.

202 Hughes Cr. Law, Sec. 701.

203 People vs. Dupree, 98 Mich., 26;

State vs. Potts, 75 N. C, 129;

1 McClain Cr. Law, Sec. 494.