BURGLARY (from Anglo-Fr. bourg, OF. borg, borough + /aim, Lat. latro. robber). A common-law offense, defined by Coke to be the breaking and entering by night into the mansion Louse (that is, in modern parlance, dwelling house) of another with intent to commit a felony therein. Every essential word of this definition contains an element that is necessary to the completion of the crime. ( I) There must be a breaking, actual or constructive. But the term 'breaking' does not necessarily imply vio lence; thus, the lifting of a latch, or undoing of a window-fastening, or even the compelling by threats of violence of the unlocking of a door from the inside, constitutes a breaking. It has been said that it is a burglarious breaking to come down a chimney because it is 'as much closed as the nature of things will permit,' for the essence of crime consists in violating the security of a dwelling. The breaking may even be for the purpose of exit; thus, if one enters a house by an open door with the intent to steal and it is afterwards locked and he breaks his way out, he completes thereby the crime of bur glary. To enter au open door or window or climb through an aperture already made is not a breaking. One who has lawfully entered one part of a house which is divided into separate residences may be held guilty of burglary if he break into another part. (2) The entering need not he of the whole person; the insertion of the hand, or even of an instrument or tool. for the purpose of completing the felony is sufficient to bring the offense under the head of burglary. Thus, where a man breaks a window and inserts a cane or hook to draw out goods. the offense is common-law burglary, other conditions agreeing. The entering need not take place immediately after the breaking in order to be burglarious, but it must be connected with it as part of the crimi nal intent, as where a man breaks a window open on one night and, returning the night after. completes the crime. (3) The building entered must be a dire/Hag-house, or a part thereof, in actual use as a residence. and to which the per son accused has no legal right of entrance. For the purpose of the definition any outhouse prop erly appurtenant to the dwelling and within a ottoman inclosure or curt ilage is a part thereof. This would not inelude, however, a distant barn or disconnected storehouse, or the like. Apart
ments under the same roof used for residenee. and entered through separate outside doors. form separate dwelling-houses in the legal sense; so are, also, suites of rooms in a college. or lodging house where the actual owner does not reside. By English courts a church was held subject to burglary as being 'the dwelling-house of God.' (4) The breaking and entry must la- in the night time. This is considered to include the time be tween the disappearanee of daylight and its reappearance in the morning; daylight, is further defined as existing when a man's face eau be dis tinguished thereby; the existence or absence of moonlight has no effect in the consideration of this point. us 'the malignity of the offense does not so properly arise from its being done in the dark as at the dead of night.' (5) Them must be intent to commit a felony. It is immaterial whether the intended felony be larceny, arson, rape, or murder; but in thy last, three eases, as the offense is greater than that of burglary alone, the prosecution would naturally be for the most serious crime. or its attempt. If no felonious intent exists, the breaking and entering in the night amount only to trespass.
The common-law definition of burglary has been changed hy statute in many States of the Tufted States. In some, common-law burglary and statute burglary exist side by side; in others, statute burglary is defined as of a second degree to eommon-law burglary. The extension of the definition of the crime in some States covers the breaking and entry in the daytime as well as the night, and of shops,. factories, warehouses. etc.. as well as of dwell ing-houses. In a few of these States burglary has been extended to cover practically the break ing and entry of any building at any time with intent to commit any crime. The punish ment for burglary under the English law extend ed even to penal servitude for life; in this coun try imprisonment for twenty years is probably the maximum punishment. The killing of a bur glar, in defense of self, family. or property, is justifiable homicide (q.v.). The practice of in suring against burglary is now common, both in England and in this country. (See lixstiaNcE.) Consult the authorities referred to under CRIM