Breaking And Entering - Law Dictionary Search Results
Home Dictionary Name: breaking and enteringbreaking and entering
breaking and entering : the act of gaining passage into and entering another's property (as a building or vehicle) without privilege or by force ;also : the crime of breaking and entering see also burglary ...
Burglary
Burglary [fr. burg, Sax., a house, and larron, a thief, fr. latro, Lat.]. At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that-Means the act of breaking and entering an inhabited structure (as a house) especially at night with intent to commit a felony (as murder or larcency), the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony). The crime of burglary was originally defined under the common law to protect people, since there were other laws, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.Burglary, is the common law offence of breaking and entering another's dwelling at night with the intent to commit a felony. The modern statutory offence of breaking and entering any building not just a dwelling and not only at night - with the intent to commit a felony....
break
break broke [brōk] bro·ken [brō-kən] break·ing [brā-ki] vt 1 a : violate transgress [ the law] b : to invalidate (a will) by a court proceeding 2 a : to open (another's real property) by force or without privilege (as consent) for entry often used in the phrase break and enter [one who s and enters a dwelling-house of another "W. R. LaFave and A. W. Scott, Jr."] b : to escape by force from [s prison or escapes or flees from justice "Colorado Revised Statutes"] 3 : to cause (a strike) to fail and discontinue by means (as force) other than bargaining vi : to escape with forceful effort often used with out [prisoners wounded while attempting to out] break in·to : to enter by force or without privilege [an officer may break into a building "Arizona Revised Statutes"] ...
enter
enter : to go or come in ;specif : to go upon real property by right of entry esp. to take possession [lessor shall have the right to and take possession] often used in deeds and leases vt 1 : to come or go into [he breaks into and s a vehicle "Code of Alabama"] see also break, breaking and entering 2 : record register 3 : to put in correct form before a court or on a record [ed judgment against the defendant] [ing a plea] compare render 4 : to go upon (real property) by right of entry esp. to take possession [if the lessee defaults, the lessor may the premises] compare distrain en·ter·able adj enter into : to make oneself a party to or in [no State shall enter into any treaty, alliance or confederation "U.S. Constitution art. I"] [entered into a lease] ...
burglary
burglary pl: -glar·ies [Anglo-French burglarie, modification of Medieval Latin burgaria, from burgare to break into (a house)] : the act of breaking and entering an inhabited structure (as a house) esp. at night with intent to commit a felony (as murder or larceny) ;also : the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony) NOTE: The crime of burglary was originally defined under the common law to protect people, since there were other laws (as those defining larceny and trespass) that protected property. State laws have broadened the common-law crime. Entering at night is often no longer required and may be considered an aggravating factor. The building may be something other than a dwelling, such as a store or pharmacy. Some states (as Louisiana) have included vehicles under their burglary statute. There are degrees of burglary, and some of the usual aggravating factors are the presence of pe...
Sacrilege
Sacrilege, larceny from a church. By s. 24, Larceny Act, 1916, breaking and entering any church, chapel, meeting-house, or other place of divine worship and committing any felony therein, or being therein and committing any felony therein, and breaking out of the same, is felony punishable by penal servitude or imprisonment. The offence was for a long time capital, the last execution having taken place in 1819.The act or an instance of desecrating or profaning a sacred thing, Black's Law Dictionary, 7th Edn., p. 1336....
Peace, Breach of the
Peace, Breach of the, a violation of that quiet, peace, and security which is guaranteed by the laws for the personal comfort of the subjects of this kingdom. An ordinary subject of the Crown must act as a peace-officer to arrest an offender if a felony is committed, or a bad wound given in his presence; and an ordinary subject may arrest another who is on the point of committing murder, and may break and enter a house to do so; and may arrest a lunatic about to do a mischief, and may arrest one against whom an indictment has been found; or may arrest one to put a stop to a breach of the peace committed in his presence.The power of justices of the peace to adjudge a person to enter into recognizance and find sureties to keep the peace or be of good behaviour towards any other person on his complaint is regulated by s. 25 of the (English) Summary Jurisdiction Act, 1879, Chitty's Statutes, tit. 'justices.'...
Dwelling house
Dwelling house, according to Webster's Comprehen-sive Dictionary, the expression 'dwelling house' means a house built for habitation, a domicile. In law it may embrace the dwelling itself and such buildings as are used in connection with it. According to Black's Law Dictionary (Sixth Edn.), under statute prohibiting breaking and entering a 'dwelling house' the test for determining if a building is such a house is whether it is used regularly as a place to sleep, Narasimha Murthy v. Susheelabai, (1996) 3 SCC 644 (660). (Hindu Succession Act, 1956, s. 23)Includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it, Insolvency Act, 1986, s. 385(1) (UK), Halsbury's Laws of England 3(2), para 390, p. 208....
Burglary
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...
Housebreaking
The act of breaking open and entering with a felonious purpose the dwelling house of another whether done by day or night See Burglary and To break a house under Break...
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