BURGLARY (Continued): must be a substantial and forcible irruption.. Sir Wm. Russell's definition of actual breaking. entry through hole in a roof... by door or window.... PAGE. 517 517 518 518 518 518 519 519 519 519 519 519 520 520 520 520 521 521 521 521, 522 521 522 522 522 by hue and cry and bringing constable whereby door is opened..... 522 inducing boy to deliver up key. armed with dangerous weapon. Of the entry..... the least entry sufficient.. entry need not be at same time with the breaking.. cases of entry between sash window, and inside shutter. 524, 525 day time, if features of a man can be reasonably discerned. 526 no middle space between day and night.... 526 by our statute some degrees of burglary may be committed in day time 526 .... the breaking and entering need not both be in the same night.. 530 530 530 part of house severed from the rest. temporary absence..... ... chamber in inn of court vacant in vacation. apartments let out...... occupied by several tenants should be the house of another. Of the intent.... at common law intent should be to commit some felony... distinction in different degrees by our statute... intent, how presumed enough if intent be demonstrated by some attempt or overt act..... 531 offence complete by breaking and entering with intent to steal, &c... 531 532 Burglary in the second degree.. 532 statute concerning... 534 may be in day time or night time... distinctions in relation to the intent between this and other de- grees..... 534 535, 536 illustrations of above distinction.. 536 word "building" defined....... 536 words "warehouse," "storehouse," and "store" defined. CAUSING INJURIES OR DEATH BY EXPLOSIONS, &c........... 540 CAUSING DEATH BY WRONGFUL ACT OF ENGINEERS, &c. .... 541 not allowed on ground that the verdict was against evidence.. judgment..... ... writ of supersedeas to discharge prisoner when in custody on PAGE. 227 227 228 228 228 228 229 229 229 230 230 230 231 231 how divided.. 340 kinds of challenge allowed to the people. 341 .... is either a principal challenge or a challenge to the favor..... must be on account of some matter of fact which disqualifies the bias on the juror's mind whether or not the prisoner is guilty. expression of opinion is ground for principal cause.. examples of above rule.... 346 347 347 347, 348 CHALLENGES TO JURORS (Continued): bias which comes from near relationship..... PAGE. ... 349 that juror has a pecuniary or other interest in the event of the action 349 social and civil connections... ..... bias from particular opinions concerning the law.. Challenges, how made.... 350 350 351 351 352 352 353 challenge to the array to be in writing and entered on the record... 353 Challenge to the array, how disposed of... if demurrer interposed, it is a question of law for the court 353 353 353 if plea interposed, the mode of trial lies in discretion of the court.. 353 Challenge to the polls, how disposed of.. if a principal challenge, if sufficiently made out, enough.. triers, how chosen and mode of trial... CHALLENGES TO FIGHT (See DUELLING). CHEATS (See FALSE PRETENCES). CLERKS AND SERVANTS; stealing by (See EMBEZZLEMENT). COMPOUNDING FELONIES: 354 354 354 355 355, 356, 357 COMMITMENT (See EXAMINATION OF OFFENDERS). COMPLAINT (See SEARCH WARRANTS, SURETIES OF THE PEACE, Bas- when to be made in criminal proceedings COMPROMISING OFFENCES: Before indictment...... in what cases...... 174 206 206 CORONERS' INQUESTS: distinction between coroner's inquisition and indictment by grand number summoned not less than nine nor more than fifteen.. cannot be but one inquest on one body.... 101 102 102 102 102 102, 103 may be several inquests on several bodies killed by same cause. 102 102 swearing the jury...... jury to view the body.. ... subpoenas for witnesses... 103 103 104 duty of coroner to inform party accused of his rights before called on recognizances to be in writing and subscribed by the parties.. justices, when to act as coroners... disposition of money found on dead bodies.. investigation by coroner of the origin of fires.. CRIMINAL CONTEMPTS (See SUMMARY CONVICTIONS). 108 |