Burglary

[L. Lat. burglaria, burgi latrocinium; Fr. burg laran; Sax. husbree,'\ In English criminal law^ The crime of breaking and entering into a dwelling house, or a buuding immediately connected therewith, in the night, with mtent to commit a felony, whether such felonious intent be executed or not. 3 Inst, 63. 1 Hal. P. C. 549. 4 Bl. Com, 224. Stat, 7 cfe 8 Geo. IV. c. 29, s. 13. 4 Steph, Com, 146, 148. 1 Russell on Crimes, 785. Wluvrton's Am, Crim, Law, 352. The breaking out {effractio) of a dwelling house in the night time, after having entered it with intent to commit felony, or after committing a felony while in such house.

Stat. 1 <t S Geo. IV. c. 29, s. 11. Steph. Crim. Law, 162. 4 Steph. Com. 151.

See Breaking, Effractores, Entering, Dwelling house. Curtilage, Night. In American law, the English definition of burglary has been so far modified as to include offences committed by day as well as by night, and in other buildings than dwelling houses; and various degrees of the crime have been established by statute m several of the states.

Wharton's Am. Crim. Law, 350, 352.

The term burglary, according to Spelman, is of Norman origin, the correspondbg terra in Saxon law being husbrec. It is usually supposed to be derived either from the Lat. burgus, a town, dwelling or enclosed place, and latrocinium, robbery, or from Fr. bourg, and larrecin, of similar significations; its radical meaning being the robbery, (or the breaking into, with a view to the robbery) of any fenced or enclosed place, as distinguished from the open country. Spelman, voc. Burglaria, Cowell. See Burgus, Hence it originally signified the breaking open, not only of a dwelling house, but of a church, and also the breaking of the walls or gates of a town {burgus), or city, (which, after the civil law, were anciently considered sacred,) with intent to commit a felony.

Spelman.

Bract, fol.

8, 207 b.

So Britton defines burglars to be << those who feloniously, in time of peace, break churches, or the dwelling houses of others, or the walls or gates of cities, or burghs." BritL c.

10.

The circumstance of breaking by night, (noctanter,) was not originally considered a characteristic of this crime, but seems to have been introduced in the reign of Edward VI.

Spelman, 4 Beeves' Hist. Eng, Law, 639. Cra Ws Hist E, L. 309.

Bracton classes burglars with robbers and murderers, who practice their wickedness by day and by night; (murdritores, et rchhatores, et burglatores, qui malitiam suam exercent die ac nocte.) Brcu^t fol.

115 b.