People v. Moreland

In People v. Moreland (1978) 81 Cal. App. 3d 11, the court addressed the meaning building as used in section 246, which proscribes discharging a firearm into, among other things, an "occupied building." Quoting a variety of dictionaries, the court noted that: "The word 'building' commonly has been defined as: . . . 'A constructed edifice designed to stand more or less permanently, covering a space of land, usu. covered by a roof and more or less completely enclosed by walls, and serving as a dwelling, storehouse, factory, shelter for animals, or other useful structure--distinguished from structures not designed for occupancy (as fences or monuments) and from structures not intended for use in one place (as boats or trailers) even though subject to occupancy' . . . (Webster's New Internat. Dict. (3d ed. 1961) p. 292, col. 1); 'A relatively permanent essentially boxlike construction having a roof and often windows and enclosing within its walls space, usually on more than one level, for any of a wide variety of activities, as living, entertaining, manufacturing, etc.' (Random House Dict. of the Eng. Language (unabridged ed. 1973) p. 194, col. 3); 'An edifice for any use; that which is built, as a dwelling house, barn, etc.' (Funk & Wagnalls Standard Comprehensive Internat. Dict. (Bicentennial ed. 1973) p. 175, col. 1); 'Something that is built; a structure; an edifice' (American Heritage Dict. of the Eng. Language (1960) p. 174, col. 1); 'That which is built; a structure, edifice: now a structure of the nature of a house built where it is to stand' (1 Oxford Eng. Dict. (1933) p. 1162, col. 2)." ( People v. Moreland, supra, 81 Cal. App. 3d at p. 18, fn. 4.)