Burglar

One who commits burglary (q. V.)

One who commits burglary. He that by night breaketh and entereth into the dwelling-house of another. Wilmot, Burgl. 3. for burglary at common law. The essential words are "feloniously and burglariously broke and entered the dwelling-house in the night-time"; Whart. Cr. PI. § 265. No other word at common law will answer the purpose, nor will any circumlocution be sufficient; 4 Co. 39; 5 id. 121; Cro. Eliz. 920; Bacon, Abr. Indictment (G, C); State v. Mc Clung, 35 W. Va. 280, 13 S. E. 654. But there is this distinction: when a statute punishes an offence by its legal designation without enumerating the acts which constitute it, then it is necessary to use the terms which technically charge the offence named at common law. But this is1 not necessary when the statute describes the whole offence, and the indictment charges the crime in the words of the statute. Thus, an indictment which charges the statute crime of burglary is sufficient, without averring that the crime was committed "burglariously;" Tully v. Com., 4 Mete. (Mass.) 357. See Portwood v. State, 29 Tex. 47, 94 Am. Dec. 258; People v. Bos worth, 64 Hun 72, 19 N. T. Supp. 114.

Burgator, burglator, 1. 1. A person who commits burglary.

One who commits burglary. One who breaks into a dwelling-house in the night-time with intent to commit a felony.

2 He that by night breaketh and entereth into a mansion-house with intent to commit a felony." Burglarious. Intending to commit burglary. Burglary. Originally, the robbery of a dwelling; now, breaking and entering the house of another in the night-time with intent to commit a felony, whether the felony be actually committed or not.5 *' House-breaking " describes the same offense, the time not being regarded. Burglary, or nocturnal house-breaking, has always Ijfcen looked upon as a very heinoiis offense; not only because of the terror that it naturally carries with it, but also as it is a forcible invasion and disturbance of that right of habitation which ev6ry individual might acquire even in a state of nature." By " night " is meant the period between total disappearance of daylight in the evening and its reappearance the next morning. The disappearance is total when a face can no longer be discerned. See Night. By "mansion-house" is meant a dwelling-house: any building actually used for human habitation and not.permanently abandoned. It includes incidental out-buildings which are parcel of thedwelling-house. By statutes, extended to stores or shops. A. single room may be such habitation: the injured owner being he who has the right of possession. See Curtilage. There must be both a "breaking" and an "entering." " Breaking " means the removal of some portion 1 People V. Mc Cann, 16 N. Y. 66 (1857); Willett v. Eich, 142 Mass. 357 (1886). = F. fturgrar, a burg-thief: ahouse-breaker: L. latro, a robber. s Coke, 3 Inst. 63; 4 Bl. Com. 2H; 29 Ind. 80; 34 ia. An. 49; 53 Md. 153. * See 14 Tex. Ap. 664. ' Anderson v. State, 48 Ala. 666 (1872): 3 Chitty, Crim. ot the house intended for security against intrusion. This may be by lifting a latch or a window, or by getting in through artiflde or conspiracy; but not by raising a window already open, pushing back a door standing ajar, or by other entrance already made, except as to a chimney, which is as much closed as the nature ot things will pemiit. The breaking may be of an inner or chamber door, or for purposes of egress. The least degree of " entering ' ' with any part of the body, or with an instrument held in the hand, is sufficient; and it maj; be before, as well as after, the breaking. The " intent " must be to commit a robbery, a murder, a rai>e, or other felony, whether the crime be actually perpetrated or not. If such specific intent is absent the act is a mere " trespass." Where the accused had himself, concealed in a chest, transferred to an express car, intending to rob the messenger, his acts were held to constitute a breaking and entering.* The comraou-law definition has been modified and different degrees of the offense have been established, in some of the States. See Accessary; Accomplice; Crime; Defense, 1; Extradition, 1; Felony; Indictment; Manslaughter. BUBIAIi. " Burial ground " and " cemetery " may be used synonymously. 3 To take up a dead body without lawful authority is a misdemeanor at common law. But there can be no larceny of the body, although there may be of the shroud.* Preventing the burial of a dead body is indictable. After interment, control over a body is in the next of kin. If they differ as to the disposition to be made of it, a court of equity may not afford assistance to either party.* A stone vault in a cemetery used for the interment of dead bodies, though wholly above ground, is not a "building" or "other erection or inclosure," within the meaning of the penal code of New Tork. For sanitary reasons, a State may forbid the exhumation and removal of a corpse, without a permit being first procured. See Health; Sepulcher. ' 4 Bl. Com. 224; Commonwealth v. Glover, 111 Mass. 402 (1873), cases; Walker v. State, 63 Ala. 60 (1879), cases. ' Nicjiols V. State, 08 Wis. 416 (1887), cases. Jenkins v. Andover, 103 Mass. 104 (1869). * See 28 Alb. Law J. 106-8 (18 3), cases; Se Wong Tung Quy, C Saw. 442, infra. See Be Beekman Street, 4 Bradf. Sur. 502 (1856); Bogert V. Indianapolis, 13 Ind. 138 (1859); Wynkoop v. Wynkoop, 42 Pa. 293, 301 (1868); Pierce v. Swan Point Cemetery, 10 E. I. 227, 235 (1872); Craig v. Fu-st Presby. Church, 88 Pa. 42, 52 (1878); Weld v. Walker, 130 Mass. 423 (1881), cases; Griffith v. Charlotte, cite. R. Co., 23 S. C. 39-42 (1885), cases; Johnston v. Marinus, 18 Abb. N. Cas. 72-77 (1886), cases; 10 Alb. Law J. 70 (1874), cases; 16 Am. Law Eeg. 155 (1877), cases; 24 id. 591-600 (1885), cases; 19 Am. Law Eev. 251-70 (188.5); Bishop, Contr. I 237. People V. Eichards, N. Y. Ct. Ap. (Jan. 17, 1888);

Burgator, I. One who breaks and enters the dwellinghouse of another by night, with felonious intent. (This definition has been much changed by statute.) •Burking. Murder for the purpose of se Uing the bodies for dissection.

[L. Lat. burglator, burgator, quasi burgi latro, the robber of a burg, or fenced place.] In criminal law. A nocturnal housebreaker; one who by night breaks and enters into a mansion [or dwelling] house, with intent to commit a felony. 3 Inst, 63. In American law, this definition has been considerably modified. See Burglary.