Summary of Woods v. State

Facts: Appellant was convicted of burglary of a vacant, newly constructed house.

Issue: Does the newly constructed house constitute a “dwelling,” as a necessary element of the crime of burglary?

Holding:  A newly constructed house, as yet unoccupied does not constitute a “dwelling,” and therefore burglary cannot issue therefrom.

Court Rationale: Haynes v State determined that a house where occupants had permanently removed themselves was not a dwelling.