Breaking

Parting or dividing by force and violence, a solid substance, or piercing, penetrating, or bursting through the same. In cases of burglary and housebreaking, the removal of any part of the house, or of the fastenings provided to secure it, with violence and a felonious intent, is a breaking, as the raising of a closed window (107 N. C. 905), or the opening of a closed door (68 111. 271; 20 Iowa, 413), but an entry by an open door or window (85 Pa. St. 66; 25 Neb. 780) is not, though an entry through a chimney is a breaking into the house, for that is as much closed as the nature of A constructive breaking is the procuring of an entry for felonious purpose by fraud or covin, as by pretending to have business with the owner (9 Ired. [N. C] 463), or by collusion with an inmate (98 N. C. 629), BREAKrNG OF ARRESTMENT. The contempt of the law committed by an arrestee who disregards the arrestment used in his hands, and pays the sum or delivers the goods arrested to the debtor. The breaker is liable to the arrester in damages.

See Arrestment.