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Burglariously

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In pleading. A technical word which must be introduced into an indictment for burglary at common law. No other word at common law will answer the purpose, nor will any circumlocution be sufficient. 4 Coke, 39; 5 Coke, 121; Cro. Eliz. 920; Bac. Abr. "Indictment" designation, without enumerating the acts which constitute it, then it is necessary to use the terms which technically charge the offense named, at common law. But this Is not necessary when the statute describes the whole offense, 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."

4 Mete. (Mass.) 357.