481 CHAP. XV. BURGLARY. Definition. A breaking and entering the Mansion-House of another in the Night, with Intent to commit some Felony within the same. 1. What a breaking. ◊ 1. § 2. There must be a Breach procured by the Act of the Felons. ib. Not sufficient if Door left open and Thieves enter. Aliter of Chimnies. But sufficient if Door procured to be opened by Fraud. ib. Even through the Medium of legal Process. ib. Or by any false Suggestion or Pretence. ib. Or by Conspiracy with those within. ib. Or Threat of Force to them. ib. But if the Owner from Fear throw Money to the Thieves without, no Burglary, but Larceny or Robbery. ib. 3. What a sufficient Breach of the House in Fact. $4. Qu. of a Guest at an Inn breaking his own Chamber? ib. Breaking Fixtures within, though annexed to the Freehold, not sufficient. 5. Entry by Day or Night, and afterwards breaking out in the Night, declared Burglary by Stat. 12 Ann. c. 7. 2. What an Entry. § 6. $7. If any Part of the Body be within the House. $7. Entry need not be at same Time as breaking. ib. 3. What a Mansion or Dwelling-house. § 8. i. What Buildings are included in this Term. ii. What Inhabitaney is required. § 11. A mere casual Inhabitancy not sufficient. ib. 12. Not the putting the House into a Workman's Hands 4. To whom the Mansion shall be said to belong. General Rule. ib. i. What an inhabiting suo jure. 13. $14. By Servants, or Officers, for their Employers. ib. $15. Qu. the Case of a Guest opening his own Chamber Door? ib. By 16. By Wife or Family for Husband, &c. Inmates entering by same common Door with Owner § 18. $19. 5. What a breaking, &c. in the Night. . § 21. Not in the Twilight. ib. Aliter by Moonlight, Breaking one Night and Entry another, sufficient. ib. 6. As to the Intent. Qu. if Intent laid to rescue smuggled Goods made Trial. § 23. Indictment, 483 Indictment, Appeal, Evidence, and Verdict. $24. Form of Indictment. ib. It must be charged burglariously breaking and entering. ib. In a Dwelling-house. ib. To whom belonging. ib. In the Night; the Hour to be laid. ib. Intent. § 25. If stealing alleged, and Intent to steal only proved, not sufficient. ib. Aliter, if Intent only alleged, and Fact proved. ib. If Intent were only to commit Trespass, not sufficient. ib. Nor if Intent to commit one Felony laid, and Proof of another. ib. But sufficient always to allege the Felony actually committed. ib. The same Fact may be laid with different Intents. § 26. Other Offences compounded with Burglary laid in the same Indictment. Verdict and Judgment. $27. § 28. How to be entered where Acquittal of Part of the Auterfoits acquit, where pleadable to a second Indic- Clergy and Punishment. Reward. Certificate. ib. § 30. Having Implements for Housebreaking in Possession. ib. Burglary. $ 1. Definition. 3 Inst. 63. Sum. 79. BURGLARY, which is dro, a URGLARY, which is derived from the German burg, a at corn a house, and laron or latro, a thief, is a felony at com I Hale, 549, &c. mon law, and is generally defined to be,-A breaking and entering the mansion-house of another, in the night, with 1 Hawk. ch. 38. intent to commit some felony within the same, whether such 4 Blac.Com.224. intent be executed or not. The learning upon this subject s. 1. Staundf. 30. 1 Bac. Abr. 539. will best be exhibited under the several parts of this definiCrompt. Just.31. tion. 1. What is a breaking. 2. An entering. 3. A mansion-house. 4. Of whom. 5. In the night. 6. As to the intent, 1. There |