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BREAKING JAIL.

See ESCAPE.

BRIBERY.

An indictment for bribery, charged the defendant, a road overseer, with
letting out and giving to one T. a contract to repair a certain road, upon
condition and with the express understanding and agreement, that the
said T., should pay to the defendant one-half of all the profits made
under the contract. Held, to be insufficient; the indictment should
have charged specifically that the defendant accepted a bribe. Hutchin-
son v. State, p. 286.

An offer to accept a bribe is not punishable as a crime, under the laws of
this State. Id. and see p. 416.

In order to constitute the crime of bribery, the gift, advantage, or emolu
ment must be bestowed for the purpose of inducing the officer to do a
particular act, in violation of his duty, or an inducement to favor, or in
some manner to aid the person offering the same, or some other person,
in a manner forbidden by law, and the gift, advantage, or emolument
must precede the act. Id.

To constitute bribery the person bribed must receive something of value.
State v. Walls, pp. 288, 416.

A prosecuting officer received the promissory note of an accused person, to
influence his official conduct in the prosecution. Held, that the note
being void, the offense of bribery was not committed. Id.

Buying and selling offices; party must receive profit, p. 416.

Bribery of judicial officer; bribe not accepted; case not pending, p. 46.
Offer of reward to electors by candidate, p. 47.

"BUILDING."

Construed, p. 766.

"BUILDING ERECTED."

Construed, p. 820.

"BUILDING OR ROOM."

Construed, p. 820.

"BUILDING OTHER THAN A DWELLING-HOUSE."

Construed, p. 820.

"BUILDING, SHOP OR VESSEL."

Construed, p. 885.

"BUILDING USED IN CARRYING ON THE TRADE OF CARPENTER
Construed, p. 820.

BURGLARY.

D. and H. rent a room jointly of S., of which H. has a key. C. rents an
adjoining room, the doors of the two rooms entering upon the same
porch near each other. They frequently interchange visits. On the
night of March 11, 1874, D. locks his door, takes out the key, and starts

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to church, on the way he meets H. who says he is going to his room, and
will follow him to the church soon. H. and C. conspire to steal D.'s
goods in the absence of D. on this night, and H. opens the door with
his key, and they enter the room, and take and carry away the trunk of
D. with its contents. This is not such a breaking as will constitute
burglary in C. Clarke v. Com., p. 838.

The breaking which will constitute burglary may be actual or constructive.
Id.

The indictment charging not only the breaking and entering, but the steal-
ing of the trunk and its contents, of a stated value, C. though acquitted
of the burglary, may be found guilty of the larceny. Id.

The prisoner was a guest at an inn and in the night he left his own room and
entered the bar-room and stole some money therefrom. Held, not
guilty of burglary. State v. Moore, p. 846.

One who secretes himself in a dwelling-house at night with intent to com-
mit a felony therein and being discovered, escapes by unlocking or
opening a door, is not guilty of burglary. Adkinson v. State, p. 849.
One who enters a store through an open door, secretes himself within until
the door is locked, then commits a larceny, and escapes by opening or
breaking out of a window, does not "break into and enter" a store
and can not be convicted of burglary under the statute. Brown v.
State, p. 852.

Burglary consists in breaking into and entering a dwelling-house in the
night time with intent to commit a felony. State v. McCall, p. 853.

Any entry by means of the hand, or foot, or even by an instrument with
which it is intended to commit a felony, is sufficient to constitute bur-
glary; but simply breaking the blinds, and making no entry beyond the
sash windows, is not. Id.

A servant and office boy of an attorney at law intrusted with the key of the
front door of the office and entering at night by using the key with in-
tent to steal, the attorney sleeping according to custom in an inner
room, is guilty of burglary, but not so if the boy is in the habit of sleep-
ing in the office, to the knowledge of his employer and enters to go to
bed, and after entering forms the design to steal. Lowder v. State, p.
856.

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In a trial for burglary the trial court charged the jury on the subject of
"entry as follows: "It is not necessary that there should be any
actual breaking to constitute the offense of burglary, when the entry is
in the night time. An entry into a house in the night time, without the
consent of the owner, or some other person authorized to give consent,
with intent to commit a theft, is an entry by force, as meant in the law."
Held, error; that to constitute burglary the entry must be by "force,"
"threats" or "fraud," whether committed in the day time or night.
The definition of entry in article 706 of the Penal Code, which makes it
to include, within the meaning of article 704, every kind of entry but one
made with the free consent of the occupant or of one authorized to
give such consent, does not eliminate from the offense the element of
force, nor dispense with the necessity of alleging and proving an entry
2 DEFENCES.
61

BURGLARY- Continued.

by force. But if the entry is at night, the slightest force suffices. Ross
v. State, p. 859.

The explanation of a defendant when first found in possession of stolen
property, if reasonable, imposes upon the State the burden of proving
its falsity. Id.

See the statement of the case for evidence held insufficient to sustain a con-
viction for burglary. Id.

The evidence in burglary must exclude all reasonable doubt that it was com-
mitted in the night time. When the evidence is evenly balanced there
must be an acquittal. Waters v. State, p. 864.

If a person who sleeps in a part of a storehouse communicating with the part
used as a store is not the owner, or one of his family or servants, but is
employed to sleep there solely for the purpose of protecting the prem-
ises, he is only a watchman, and the store is not a dwelling-house.
State v. Potts, p. 865.

At common law, a mill in which no one sleeps, seventy-five yards from the
owner's dwelling-house, separated therefrom by a public road and not
proved to be appurtenant to the dwelling-house, was not the subject of
burglary, and is not under a statute covering houses, outhouses, build-
ings, sheds and erections, within two hundred yards of an appurtenant
to such dwelling-house. State v. Sampson, p. 867.

W. was indicted for burglary for breaking and entering a dwelling-house at
night with intent to commit a felony therein. It appeared that he had
forcibly entered the house of E. and had attempted to get into bed with
E.'s wife when she awoke, and he fled. The court charged the jury that
W. was guilty, if he attempted by force or by fraud to have carnal
knowledge with Mrs. E. Held, error. Wyatt v. State, p. 869.

The defendants were indicted for breaking and entering a tool-house with
intent to commit larceny. The testimony showed that they broke into
a tool-house of a railroad company, took from it a hand-car, put it on
the track and rode in it twelve miles, and then removed it and left it at
the side of the track. Held, that this did not establish the larcenous
intent essential to constitute burglary. State v. Ryan, p. 872.

M. with two companions stopped at C.'s house and asked C.'s daughter,
who was alone at home for a drink of cider, offering to pay for it. She
refused, and he thereupon opened the cellar door, though forbidden to
do so by her, went in and drew some cider. He had procured cider
there before, and on this occasion was partly intoxicated. Held, that
he could not be convicted of burglary and larceny. McCourt v. People,
p. 874.

Evidence held insufficient to convict of burglary. People v. Gordon, p. 877.
Possession of a satchel containing stolen property, held to have no tendency
in itself, to show one guilty of burglary. Id.

Breaking is necessary in burglary, p. 880.

Entry through open window, not, p. 880

Raising window partly open, p. 880.

Lifting trap door, p. 881..

BURGLARY- Continued.

Removing loose plank, p. 881.

Breaking must be of outer door, p. 881.

Constructive breaking, enticing owner out of house, p. 881.

Breaking out, p. 881.

Breaking must admit of entering, p. 881.

Breaking must precede entering, p. 882.

Entering necessary, p. 882.

Entry through open door, p. 882.

Entry through opening in house, p. 882.

Entry must be at night, p. 883.

House must be a dwelling-house, p. 883.

"Building, ship, or vessel construed," p. 885.

School-house not an "outhouse," p. 885.

Outbuildings must be necessary to dwelling-house, p. 885.

'Shop" construed, p. 886.

Intent must be to commit felony, p. 886.

Proof held insufficient, p. 886.

"BURN."

Construed, p. 800.

"BUSINESS."

Construed, p. 765.

"BY VIRTUE OF HIS EMPLOYMENT.”
Construed, pp. 938, 939.

CARD PLAYING.

See GAMING.

"CARRYING."

Construed, p. 586.

CARRYING CONCEALED WEAPONS.

Weapon must be concealed. Open wearing of arms not indictable, p. 585.

What is "carrying," p. 586.

Must be carried as a weapon, p. 587.

Weapon must be perfect, p. 588.

What is a pistol, p. 588.

"Traveler" construed, p. 585.

Length of journey immaterial, p. 588.

"Threatened; " threat need not be recent, p. 589.

Mistake; absence of intent, p. 590.

"Officers" excepted; meaning of officer, p. 591.

"Officer engaged in execution of process or arrest of criminals,” p. 591.

CARRYING CONCEALED WEAPONS

-

Other cases not within statute, p. 591.

- Continued.

Carrying weapon into church, ball-room, etc., p. 592.

"CATTLE."

Construed, p. 599.

"CIVIL OFFICER."

Construed, p. 591.

CIVIL RIGHTS.

The civil rights laws protect only citizens of the United States, p. 172.

"CLERK."

Construed, pp. 892, 936.

CLUB.

See LIQUOR LAWS.

COMMON BARRATOR.

Who is not a, p. 416.

"COMMON DRUNKARD."

Construed, p. 791.

"COMMON GAMING HOUSE."

Construed, p. 755.

"COMMON LABOR AND USUAL AVOCATION."
Construed, p. 780.

COMMON PROSTITUTE.

A conviction for wandering in the public streets as a public prostitute can
not be sustained when it is not proved that the woman was a public
prostitute, nor that before or at the time of the arrest she was asked to
give a satisfactory account of herself and did not do so. R. v. Levceque,
p. 745.

Who is a vagrant; common prostitutes and idle persons, p. 797.

Woman supported by parents not a vagrant though a prostitute, p. 799.
Night-walker; unlawful intent essential, p. 799.

"Vagabond; ""common prostitute" and "prostitute " construed, p. 800.

COMMON SCOLD.

An indictment charging the defendant with being a common slanderer and
a common brawler is not good. U. S. v. Royall, p. 725.

COMPOUNDING FELONY.

Requisites of crime, p. 419

CONCEALING BIRTH.

A child which would have been a bastard, was found about six weeks after
its birth lying dead at the bottom of a privy belonging to a dwelling-
house where its mother, the prisoner, had been a servant. She proved

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