What is BURGLARY? Definition of BURGLARY in Black's Law Dictionary
The breaking and entering the house of another in the nighttime, with intent to commit a felony therein, whether the felony be actually committed or not. Soders v. State, 81 Tex.Cr.R. 506, 195 S.W. 1146, 1147; Hunter v. State, 29 Ind. 80; State v. Allen, 186 N.C. 302, 119 S.E. 504, 506; State v. Hodgdon, 89 Vt. 148, 94 A. 301, 302.
The common-law definition has been much modified by statute in several of the states. Pen.Code Cal. § 459; People v. Mendelson, 264 Ill. 453, 106 N.E. 249, 251, L.R.A. 1915C, 627; State v. Dunlap, 103 N.J.Law, 209, 136 A. 510;
Burglary of private residence at night is "nighttime burglary" and not ordinary "burglary." Shaffer v. State, 137 Tex.Cr.R. 476, 132 S.W.2d 263. Commission in nighttime is not essential. People v. Glickman, 377 Ill. 360, 36 N.E.2d 720, 722, 723; State v. Williams, 189 La. 355, 179 So. 452.
Entry in the nighttime without breaking, or breaking and entering in the daytime constitutes "burglary." State v. Williams, 189 La. 355. 179 So. 452.
Intended commission of some other offense is essential. Commonwealth v. Doran, 145 Pa.Super. 173, 20 A.2d 815, 816.
Entry into a house made in an unusual place with intent to commit a felony or theft is a "burglary by breaking." Harroll v. State, 135 Tex.Cr.R. 65, 117 S.W.2d 103.
See Breaking.
More On This Topic:
ACCEPTILATION
APARTMENT HOUSE
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That's the definition of BURGLARY in Black's Law Dictionary - Courtesy of Cekhukum.com.
