Breaking

In the law of burglary. A substantial and forcible irruption, as by breaking or taking out the glass of a window, or otherwise opening it; picking a lock, or opening it with a key; lifting up the latch of a door, or unloosening any other fastening which the owner has provided.

4 Bl. Com. 226.

4 Steph. Com. 149, 150, and note (x) ibid.

Coke's R. 439.

And whatever would be a breaking of an outer door will also be a breaking open of an inner door, to constitute burglary.

2 East's P. C. 488.

There must, in general, be an actual breaking, and not a mere legal clausum fregit, (by leaping over invisible ideal boundaries, which may constitute a civil trespass;) and therefore an entry by an open door or window is, in itself, no burglary.

4 Bl. Com. 226. 11 Dane's Abr. 138.

But there may be a breaking by implication, where there is a felonious entry; both breaking and entering being always essential to complete the offence of burglary.

4 Bl. Com. 226, 227.

U. S. Digest, Burglary.

See Entry.