burglary

from WordNet (r) 3.0 (2006)
burglary
    n 1: entering a building unlawfully with intent to commit a
         felony or to steal valuable property
    
from The Collaborative International Dictionary of English v.0.48
Burglary \Bur"gla*ry\, n.; pl. {Burglaries}. [Fr. {Burglar}; cf.
   LL. burglaria.] (Law)
   Breaking and entering the dwelling house of another, in the
   nighttime, with intent to commit a felony therein, whether
   the felonious purpose be accomplished or not. --Wharton.
   --Burrill.
   [1913 Webster]

   Note: By statute law in some of the United States, burglary
         includes the breaking with felonious intent into a
         house by day as well as by night, and into other
         buildings than dwelling houses. Various degrees of the
         crime are established.
         [1913 Webster]
    
from Bouvier's Law Dictionary, Revised 6th Ed (1856)
BURGLARY, crim. law. The breaking and entering the house of another in the 
night time, with. intent to commit a felony therein, whether the felony be 
actually committed or not. 3 Inst. 63; 1 Hale, 549; 1 Hawk. c. 38, s. 1; 4 
Bl. Com. 224; 2 East, P. C. C. 15, s. 1, p. 484; 2 Russell on Cr. 2; Roscoe, 
Cr. Ev. 252; Coxe, R. 441; 7 Mass. Rep. 247. 
     2. The circumstances to be considered are, 1. in what place the offence 
can be committed; 2. at what time 3. by what means; 4. with what intention. 
     3.- 1. In what place a burglary can be committed. It must, in general, 
be committed in a mansion house, actually occupied as a dwelling; but if it 
be left by the owner animo revertendi, though no person resides in it in his 
absence, it is still his mansion. Fost. 77; 3 Rawle, 207. The principal 
question, at the present day, is what is to be deemed a dwelling-house. 1 
Leach, 185; 2 Leach, 771; Id. 876; 3 Inst. 64; 1 Leach, 305; 1 Hale, 558; 
Hawk. c. 38, s. 18; 1 Russ. on Cr. 16; 3 Berg. & Rawle, 199 4 John. R. 424 1 
Nott & M'Cord, 583; 1 Hayw. 102, 242;  Com. Dig. Justices, P 5; 2 East, P. 
C. 504. 
     4. - 2. At what time it must be committed. The offence must be 
committed in the night, for in the day time there can be no burglary. 4 Bl. 
Com. 224. For this purpose, it is deemed night when by the light of the sun 
a person cannot clearly discern the face or countenance of another 1 Hale, 
550; 3  nst. 63. This rule, it is evident, does not apply to moonlight. 4 
Bl. Com. 224; 2 Russ. on Cr. 32. The breaking and entering need not be done 
the same night 1 Russ. & Ry. 417; but it is necessary the breaking and 
entering should be in the night time, for if the breaking be in daylight and 
the entry in the night, or vice versa, it will not be burglary. 1 Hale, 551; 
2 Russ. on Cr. 32. Vide Com. Dig. Justices, P 2; 2 Chit. Cr. Law, 1092. 
     5.-3. The means used. There must be both a breaking and an entry. 
First, of the breaking, which may be actual or constructive. An actual 
breaking tal-,es place when the burglar breaks or removes ally part of, the 
house, or the fastenings provided for it, with violence. Breaking a window, 
taking a pane of glass out, by breaking or bending the nails, or other 
fastenings, raising a latch where the door is not otherwise fastened; 
picking open a lock with a false key; putting back the lock of a door or the 
fastening of a window, with an instrument; turning the key when the door is 
locked in the inside, or unloosening any other fastening which the owner has 
provided, are several instances of actual breaking. According to the Scotch 
law, entering a house by means of the true key, while in the door, or when 
it had been stolen, is a breaking. Alis. Pr. Cr. Law, 284. Constructive 
breakings occur when the burglar gams an entry by fraud, conspiracy or 
threats. 2 Russ. on Cr. 22 Chit. Cr. Law, 1093. The breaking of an inner 
door of the house will be sufficient to constitute a burglary. 1 Hale, 553. 
Any, the least, entry, with the whole or any part of the body , hand, or 
foot, or with any instrument or weapon, introduced for the purpose of 
committing a felony, will be sufficient to constitute the offence. 3 Inst. 
64; 4 Bl. Com. 227; Bac. Ab. Burglary, B Com. Dig. Justices, P 4. But the 
introduction of an instrument, in the act of breaking the house, will not be 
a sufficient entry, unless it be introduced for the purpose of committing a 
felony. 
     6. - 4. The intention. The intent of the breaking and entry must be 
felonious; if a felony however be committed, the act will be prima facie 
evidence of an intent to commit it. If the breaking and entry be with an 
intention to commit a bare trespass, and nothing further is done, the 
offence will not be a burglary. 1 Hale, 560; East, P., C. 509, 514, 515; 2 
Russ. on Cr. 33. 
    
from Moby Thesaurus II by Grady Ward, 1.0
19 Moby Thesaurus words for "burglary":
      break-in, breaking and entering, burglarizing, caper, filch, grab,
      heist, housebreaking, job, lift, pinch, rip-off, robbery,
      safeblowing, safebreaking, safecracking, steal, theft,
      unlawful entry

    

[email protected]