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Tuesday, April 16, 2013
The law.com breaking
Parting or dividing by force and violence a solid substance, or piercing, penetrating, or bursting through the same. 2. In cases of burglary and house-breaking, the removal, of any part of the house, or of the fastenings provided to secure it, with violence and a felonious intent, is called a breaking. 3. The breaking is actual, as in the above case; or constructive, as when the burglar or house-breaker gains an entry by fraud, conspiracy or threats. In England it has been decided that if the sash of a window be partly open, but not sufficiently so to admit a person, the raising of it so as to admit a person is not a breaking of the house. No reasons are assigned. It is difficult to conceive, if this case be law, what further opening will amount to a breaking.
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