CHAPTER XIV.

 

BURGLARY AND HOUSE BREAKING.

 

CONTENTS.

 

SECTION 1.  Burglary—Punishment.

2.     To constitute burglary it is not necessary that army felony should be actually committed.

3.     Two kinds of breaking—Actual breaking.

4.     Entering by an aperture found open.

5.     Constructive breaking.

6.     What is an entry.

7.     The dwelling house must ho occupied as such.

8.     Whose dwelling house a house is.

9.     The Government, or any corporation, any occupy a dwelling house by others, like individuals.

10.  The breaking may be on a different night from the entry.

11.  Aggravated burglary—Punishment.

12.  Entering a dwelling house in the night without breaking, armed with a dangerous weapon---punishment.

13.  Without a dangerous weapon—Punishment.

14.  Committing a felony in a dwelling house where any inmate is within in the daytime—Punishment.

15.  In the day or night where no inmate is within—Punishment.

16, 17, 18, 19. Breaking and entering houses, &c., not being a dwelling house—Punishment.

 

1. Whoever in the night breaks and enters the dwelling house of another with intent to commit murder, rape, arson, robbery, larceny or other felony, within the same; or by day or night enters same the same with such intent, amid in the night breaks with such intent any apartment thereof; or in the night enters time same with such intent amid breaks out, or being an inmate therein, in time night breaks and enters, with such intent, any apartment thereof, without any right or authority to enter the same, at the time, is guilty of burglary, and shall be punished by fine and imprisonment at hard labor not to exceed one thousand dollars, nor more than ten years.

 

2. To constitute burglary it is not necessary that any crime within the meaning of time above section should be actually committed; but simply that the intent to commit some such crime should exist, either at the time of entry or breaking.

 

3.  There are two kinds of breaking, actual and constructive. An actual breaking may be made— By breaking the substance of a door or window; as the glass, sash, panel or shutters:

 

By unfastening either and opening it; as by raising a latch and pushing open a door:

By merely opening either when closed but not fastened; as by raising a sash, window, or pushing open a door:

By entering a chimney; or by breaking the sides of an aperture so as to enlarge it and thereby enter

By breaking, removing or opening time roof, wall, ceiling, floor or any defense or barrier against entry, which is a parcel of the dwelling house.

 

4. But time entering by any aperture found open is not a breaking; as by a hole in the, roof or wall, other than a chimney, or by an open door or window. Neither is the opening of any window, door, or other aperture partly open, further than it was open before, iii time manner in which it was intended by its construction to be opened, a breaking.

 

5. A constructive breaking is where an entrance is obtained,

By violence or threats of injury to persons or property, or other intimidation, or by making frightful noises, using or showing dangerous weapons, attacks on time house or inmates and the like:

By fraud or trick, as by abuse of or under pretense of process or legal authority, or of business with one within; or by fraudulently persuading another to give admission; or by knocking or otherwise pretending a right or lawful occasion to enter:

By admission by an accomplice, in which case the entry is a breaking by both.

 

6. It is essential to burglary that there should be an entry, which may be made by introducing the hand, foot, finger, or any part of the body into the house or any apartment thereof entered ; or by discharging or throwing any missile, or introducing any instrument or any part thereof into the same ; provided, that the missile or instrument be used as a means of committing or attempting to commit any offense enumerated in section first, and not merely as a means of breaking.

                                                                                                                                         

7. A house is not a dwelling house, in respect to burglary, unless it be used as such at the time of time breaking and entry. Provided, however, that a building may continue to be a dwelling house, when trot used at the time for sleeping or lodging therein, if it has been previously so used by a person having a settled intention so to use it again, amid doing such acts as continue his constructive occupancy.

 

8. A dwelling house, in respect to burglary, is the dwelling house of the person who occupies the same as such, himself personally, or by the members of his family, guests of his inn, his boarders, visitors, agents or servants, placed or continued therein by his authority. But where such member, guest, boarder, visitor, agent or servant is tenant for a term, or at will, or at sufferance, the dwelling house shall be considered as his.

 

9.  The government, or any public or private corporation, may occupy a dwelling house by others, according to the same rules by which aim individual may do so.

 

10.  The breaking necessary to constitute burglary may be on a different night from time entry.

 

11.  Whoever commits burglary, armed within a dangerous weapon at the time of breaking, or entering, or at any time while ire is within the house, where any person, met a party to the burglary is then resident within time dwelling house, is guilty of aggravated burglary, and shall be punished by imprisonment at ham] labor, in time discretion of the court, for life or any number of years.

 

12.  Whoever in the night enters the dwelling house of another, even though he commit no breaking to obtain entry, within the intent to commit a felony within the same, where any person, not a party thereto is their resident within such house, such offender being armed within a dangerous weapon at the time of entering, or at any time while he is within such mouse, or committing an assault therein on any such resident person, or putting him in fear, shall be punished by imprisonment at hard labor not more than twenty years.

 

13.  Where such offender is not so armed, and does not commit such assault or put any such resident person in fear, he shall he subject to punishment by imprisonment at hard labor not more than ten years.

 

14.  Whoever in the daytime commits a felony in any dwelling house, where any inmate, trot a party thereto, is within such dwelling house, such offender being armed with a dangerous weapon at the time of entering, or at any time while he is within such house, or committing an assault on any such inmate, or putting him in fear, small be punished by imprisonment at hard labor not more than ten years.

 

15.  Whoever in time night or day time breaks and enters time dwelling house of another, and commits a felony therein, or with intent to commit a felony therein, thought no person be within said dwelling house at the time, shall be punished by imprisonment at hard labor not more than five years.

 

16.  Whoever in the night enters, or breaks and enters, the house of another, trot being a dwelling house, or any office, counting room, shop, warehouse, storehouse, workshop, factory or other enclosed and covered building used at the time for the deposit or safe keeping of property, or for the shelter, accommodation or employment therein of persons; or any meeting house, court mouse, academy or other buildings used for public purposes, the same not being a dwelling house, or any vessel, with intent to commit felony therein, when any person not party thereto, is within such house, office, counting room, shop, warehouse, storehouse, workshop, factory, meeting house, court mouse or other building or vessel having any right or authority to be therein, such offender being armed within a dangerous weapon at the time of breaking or entering, or at any time while he is therein, or committing air assault upon airy person so therein, or putting him in fear, shall be punished by imprisonment at hard labor not more than twenty years..

 

17.  Where no such person is within such house, building or other structure or vessel at the time of entering or breaking in the night, or where such offender as is mentioned in the proceeding section is not so armed and does not commit any such assault or put any such person in fear, he small be subject to imprisonment at hard labor not more than ten years.

 

18.  Whoever in the daytime enters, or breaks and enters, the house of another, not being a dwelling house, or any house, building or structure described in section sixteen, or any vessel, with intent to commit a felony therein, when any person, not a party thereto, is therein, having any right or authority to be there, such offender being armed with a dangerous weapon at the time of breaking or entering, or at any time while he is therein, or committing an assault on any such inmate or putting him in fear, shall be punished by imprisonment at hard labor not more than ten years.

 

19.  Where no such person is within the house, building, structure or vessel at the time of entering or breaking in the daytime; or where such offender as is mentioned in the preceding section is not so armed, and does not commit any such assault or put any such person in fear, lie shall be subject to punishment by imprisonment at hard labor not more than five years.