What is BREAKING?

Forcibly separating, parting, disintegrating, or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, latches, or other fastenings Intended to secure it, or otherwise exerting force to gain an entrance, with the intent to commit a felony; or violently or forcibly breaking out of a house, after having unlawfully entered It, in the attempt to escape. Gaddie v. Com., 117 Ky. 40S, 78 S. W. 163, 111 Am. St. Rep. 259; Sims v. State, 136 Ind. 358, 36 N. E. 278; Melton v. State, 24 Tex. App. 287, 6 S. W. 303; Mathews v. State, 36 Tex. 675; Carter v. State, 68 Ala. 98; State v. Newbegin, 25 Me. 503; McCourt v. People, 64 N. Y. 5S5. In the law of burglary, “constructive” breaking, as distinguished from actual, forcible breaking, may be classed under the following heads: (1) Entries obtained by threats; (2) when, in consequence of violence done or threatened in order to obtain entry, the owner, with a view more effectually to repel it, opens the door and sallies out and the felon enters; (3) when entrance is obtained by procuring the service of some intermediate person, such as a servant, to remove the fastening; (4) when some process of law is fraudulently resorted to for the purpose of obtaining an entrance; (5) when some trick is resorted to to induce the owner to remove the fastenings and open the door. State v. Henry, 31 N. C. 46S; Clarke v. Com., 25 Grat. (Va.) 912; Ducher v. State. 18 Ohio, 317; Johnston v. Com.. 85 Pa. 64, 27 Am. Rep. 622; Nicholls v. State, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870.

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