Burglary

4 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Burglary \Bur"gla*ry\, n.; pl. {Burglaries}. [Fr. {Burglar}; cf.
     LL. burglaria.] (Law)
     Breaking and entering the dwelling house of another, in the
     nighttime, with intent to commit a felony therein, whether
     the felonious purpose be accomplished or not. --Wharton.
     --Burrill.


     [1913 Webster]
  
     Note: By statute law in some of the United States, burglary
           includes the breaking with felonious intent into a
           house by day as well as by night, and into other
           buildings than dwelling houses. Various degrees of the
           crime are established.
           [1913 Webster]

From WordNet (r) 2.0 [wn]:

  burglary
       n : entering a building unlawfully with intent to commit a
           felony or to steal valuable property

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  19 Moby Thesaurus words for "burglary":
     break-in, breaking and entering, burglarizing, caper, filch, grab,
     heist, housebreaking, job, lift, pinch, rip-off, robbery,
     safeblowing, safebreaking, safecracking, steal, theft,
     unlawful entry
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  BURGLARY, crim. law. The breaking and entering the house of another in the 
  night time, with. intent to commit a felony therein, whether the felony be 
  actually committed or not. 3 Inst. 63; 1 Hale, 549; 1 Hawk. c. 38, s. 1; 4 
  Bl. Com. 224; 2 East, P. C. C. 15, s. 1, p. 484; 2 Russell on Cr. 2; Roscoe, 
  Cr. Ev. 252; Coxe, R. 441; 7 Mass. Rep. 247. 
       2. The circumstances to be considered are, 1. in what place the offence 
  can be committed; 2. at what time 3. by what means; 4. with what intention. 
       3.- 1. In what place a burglary can be committed. It must, in general, 
  be committed in a mansion house, actually occupied as a dwelling; but if it 
  be left by the owner animo revertendi, though no person resides in it in his 
  absence, it is still his mansion. Fost. 77; 3 Rawle, 207. The principal 
  question, at the present day, is what is to be deemed a dwelling-house. 1 
  Leach, 185; 2 Leach, 771; Id. 876; 3 Inst. 64; 1 Leach, 305; 1 Hale, 558; 
  Hawk. c. 38, s. 18; 1 Russ. on Cr. 16; 3 Berg. & Rawle, 199 4 John. R. 424 1 
  Nott & M'Cord, 583; 1 Hayw. 102, 242;  Com. Dig. Justices, P 5; 2 East, P. 
  C. 504. 
       4. - 2. At what time it must be committed. The offence must be 
  committed in the night, for in the day time there can be no burglary. 4 Bl. 
  Com. 224. For this purpose, it is deemed night when by the light of the sun 
  a person cannot clearly discern the face or countenance of another 1 Hale, 
  550; 3  nst. 63. This rule, it is evident, does not apply to moonlight. 4 
  Bl. Com. 224; 2 Russ. on Cr. 32. The breaking and entering need not be done 
  the same night 1 Russ. & Ry. 417; but it is necessary the breaking and 
  entering should be in the night time, for if the breaking be in daylight and 
  the entry in the night, or vice versa, it will not be burglary. 1 Hale, 551; 
  2 Russ. on Cr. 32. Vide Com. Dig. Justices, P 2; 2 Chit. Cr. Law, 1092. 
       5.-3. The means used. There must be both a breaking and an entry. 
  First, of the breaking, which may be actual or constructive. An actual 
  breaking tal-,es place when the burglar breaks or removes ally part of, the 
  house, or the fastenings provided for it, with violence. Breaking a window, 
  taking a pane of glass out, by breaking or bending the nails, or other 
  fastenings, raising a latch where the door is not otherwise fastened; 
  picking open a lock with a false key; putting back the lock of a door or the 
  fastening of a window, with an instrument; turning the key when the door is 
  locked in the inside, or unloosening any other fastening which the owner has 
  provided, are several instances of actual breaking. According to the Scotch 
  law, entering a house by means of the true key, while in the door, or when 
  it had been stolen, is a breaking. Alis. Pr. Cr. Law, 284. Constructive 
  breakings occur when the burglar gams an entry by fraud, conspiracy or 
  threats. 2 Russ. on Cr. 22 Chit. Cr. Law, 1093. The breaking of an inner 
  door of the house will be sufficient to constitute a burglary. 1 Hale, 553. 
  Any, the least, entry, with the whole or any part of the body , hand, or 
  foot, or with any instrument or weapon, introduced for the purpose of 
  committing a felony, will be sufficient to constitute the offence. 3 Inst. 
  64; 4 Bl. Com. 227; Bac. Ab. Burglary, B Com. Dig. Justices, P 4. But the 
  introduction of an instrument, in the act of breaking the house, will not be 
  a sufficient entry, unless it be introduced for the purpose of committing a 
  felony. 
       6. - 4. The intention. The intent of the breaking and entry must be 
  felonious; if a felony however be committed, the act will be prima facie 
  evidence of an intent to commit it. If the breaking and entry be with an 
  intention to commit a bare trespass, and nothing further is done, the 
  offence will not be a burglary. 1 Hale, 560; East, P., C. 509, 514, 515; 2 
  Russ. on Cr. 33.