Evening Republican, Volume 14, Number 131, Rensselaer, Jasper County, 2 June 1910 — ABSURDITIES OF THE LAW. [ARTICLE]

ABSURDITIES OF THE LAW.

What Constitute* the Crimea ot Boralary hod Larceny. Burglary is the crime of breaking in and entering in the night time, of another’s dwelling house, with an intent to commit a felony therein. This means precisely what It says, according to Charles B. Brewer in McClure’s. If a door or a window is broken open, a knob of an unlocked door l& turned, or an unlocked window is raised, it is burglary; but if the door or window is left open, or even raised as little as an inch, and a thief pushes or raises it entirely open and enters, it is not burglary. It means, too, a “dwelling house”; therefore, if a family is sleeping in a tent or booth, and a. thief enters, it is not a burglary. If all the other conditions are met, and it happens that the dawn has broken, there can be no burglary; for that part of the definition specifying the nighttime is strictly adhered to. We meet another of these fine distinctions in "larceny,” the stealing of personal or movable property, which requires that the thief must get complete control. Thus, if a thief, in attempting to steal a watch, lifts it out of a man’s pocket and it is not attached to the owner by a chain, if the thief gets it into his hand for a moment only, it is larceny and felony. If, however, the watch is attached to the clothing, even though the pickpocket cannot see the chain, as might happen ih a crowd, he has not had complete control and the act is not larceny, but only a misdemeanor. The difference of the two terms relates only to the length of the sentence; but if it is your watch and you wish to see the trial of the would-be thief proceed, you will do well to see that the indictment does not choose the wrong word.