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Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.


In criminal law. The breaking and entering the house of another in the night-time, with intent to commit a felony therein, whether the felony be actually committed or not. Anderson v. State, 48 Ala. 606, 17 Am. Rep. 36; Benson v. McMahon, 127 U. S. 457, 8 Sup. Ct. 1240, 32 L. Ed. 234; Hunter v. State, 29 Ind. 80; State v. Pettit, 32 Wash. 129, 72 Pac. 1021; State v. Langford, 12 N. C. 253; State v. McCall, 4 Ala. G44, 39 Am. Dec. 314; State v. Wilson, 1 N. J. Law, 439, 1 Am. Dec. 216; Com. v. Newell, 7 Mass. 245. The common-law definition has been much modified by statute in several of the states. For example: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.” Pen. Code Cal.

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