§ 331. Sentence and punishment.- Receivers of stolen goods, knowing them to be such, are punishable in Connecticut, the same as a principal.' In Illinois, there cannot be imprisonment in the penitentiary for the offense of receiving property obtained by robbery, unless the value of the property exceeds $15; and to authorize such punishment the verdict of the jury must find the value of the property.' 1 State v. Weston, 9 Conn. 527; 25 Am. Dec. 46. * Tobin v. People, 104 Ill. 565; Thompson v. People, 125 Ill. 256. PART II. BURGLARY. CHAPTER XXXIV. WHAT AMOUNTS TO BURGLARY; JURISDICTION. § 332. What constitutes burglary, generally. 333. What does not. 334. What premises may be burglarized. 335. What is a breaking or entry. 336. Constructive breaking. 337. Day or night-time. 338. Breaking out, after entry without breaking. 339. The felonious intent. 340. Who is a principal offender. 341. Construction of statutes; jurisdiction. § 332. What constitutes burglary, generally.— The term "burglar" is derived from "burgh," signifying a house, and "laron," meaning a thief; a burglar, therefore is a "housethief." Burglary, at the common law, consists in breaking into and entering a dwelling-house in the night-time, with intent to commit a felony. Such entry is burglary, irrespective of the value of the property to be stolen.' But opening 1 Rap. & L. Law Dict. * * * 66 * * or 2 Steph Cr. Dig. 231; 2 Russ. Cr. 2; State v. McCall, 4 Ala. 643; 39 Am. Dec 314; State v. Wilson, Coxe 441; Com. v. Newell, 7 Mass. 247. Code Ala. 1886, § 3786, making burglary to consist in breaking into and entering, with intent to steal or commit a felony, a dwelling-house, * into any shop, in which any goods, merchandise, or other valuable thing is kept for use, sale or deposit," the two clauses of which are separated in the printed copy of the Code by a comma only, is governed by the original manuscript adopted by the legislature, in which a semicolon appears and is a legislative adoption of the judicial construction of section 3695 of the prior Code, which was the same as the manuscript of section 3786, and which has been construed to contain two distinct clauses - one making it burglary to enter a dwelling-house, and the other a burglary to enter a building in which goods are kept.-Potter v. State, 9 So. Rep 402. Simms v. State, 2 Tex. App 110. an inner door of a dwelling-house, at night, with felonious intent, constitutes burglary, whether a felony is to be committed in the particular room or in another;' as where a theft is committed by a boarder from a fellow-boarder in the same boarding-house, such theft being accompanied by entry of his room;' or where a guest at a hotel feloniously breaks into the room allotted to another guest. So, also, two breakings of the same house at different times in the same night may constitute one burglary.* Burglary is committed where one intending to steal shelled corn, bores a hole through the floor of a corn-crib from the outside, and thus draws corn into a sack below; or where a servant and office-boy of an attorney, intrusted with the key of the front door of the office, enters at night by using the key, with intent to steal, the attorney being sleeping, according to custom, in an inner room; but not so if the boy is in the habit of sleeping in the office, to the knowledge of his employer, and enters to go to bed, and after entering, forms a design to steal; or where an employe, left in charge of a house, enters a closed room and steals therefrom, when, by virtue of his employment, he had no right to go there;' or where one breaks and enters a building with intent to steal money from a safe, although there is no money in the safe." In Nevada there is but one species of burglary, the essential 1 Rolland v. Com., 85 Pa. St. 66; 27 Am. Rep. 626. 2 Ullman v. State, 1 Tex. App. 220; 28 Am. Rep. 405. 3 State v. Clark, 42 Vt 629. Defendant had been employed at a restaurant on the first floor of a building; the proprietor's sleeping-room being on the second floor. On closing, at midnight, the proprietor found defendant in his bedroom, without hat, coat or shoes. He escaped through the window, and went through a side gate to the street. The gate was usually locked, and when or by whom it was opened the proprietor did not know. How or when defendant got into the room was not proved, but he did not go through the bar. The bedroom door and the other doors of the house were usually open until the house was closed at night. A pistol was taken from the room. Held sufficient evidence of burglary to go to the jury.State v. Bee, 29 S. C. 81. 4 People v. Gibson, 58 Mich. 368. 5 Walker v. State, 63 Ala. 49; 35 Am. Rep. 1. Lowder v. State, 63 Ala. 143; 35 Am. Rep. 9. * Held v. State, 67 Ala. 39. 8 State v. Beal, 37 Ohio St. 108; 41 Am. Rep. 490. |