into dwell ing house in the day S541. Every person who breaks into any dwelling Breaking house in the day time under such circumstances as would have constituted the crime of burglary in the first degree, if committed in the night time, is guilty of burglary in the second degree. 2 Rev. Stat., 668, § 11. time burdegree. glary in second Breaking inner door in night time, bur second degree. S 542. Every person who, having entered the dwelling house of another in the night time, through an open outer door or window, or other aperture not glarin made by such person, breaks any inner door, window, partition, or other part of such house, with intent to commit any crime, is guilty of burglary in the second degree. Founded upon 2 Rev. Stat., 668, § 14. Such break. soulfully § 543. Every person who, being lawfully in any chr dwelling house, breaks in the night time any inner door of the same house, with intent to commit any crime, is guilty of burglary in the second degree. Founded upon 2 Rev. Stat., 669, § 15. The language of that section is: "Every person who, being admitted into any dwelling house with the consent of the occupant thereof, or who being lawfully in such house," &c. The Commissioners in omitting the words, "being admitted into any dwelling house with the consent of the occupant thereof," do not intend any substantial change in the law, but deem those words fully covered by the clause in the text; "being lawfully in any dwelling house." S 544. Every person who breaks into any dwelling house in the night time, with intent to commit a in the burglary in second degree. Breaking into dwelling house when bur glary in he gree. crime, but under such circumstances as do not con-hird destitute the offense of burglary in the first degree, is guilty of burglary in the third degree. 2 Rev. Stat., 668, § 12; modified by reducing tho offense to the third degree. $545. Every person who breaks and enters, in the Other day or in the night time, either: 1. Any building within the curtilage of a dwelling house, but not forming a part thereof; or burglaries of the third degree. Breaking and entering dwelling, when fourth degree. 2. Any building or part of any building, booth, tent, railroad car, vessel, or other structure or erection in which any property is kept, with intent to steal therein or to commit any felony, Is guilty of burglary in the third degree. Compare 2 Rev. Stat., 669, § 17, as amended, Laws of 1863, ch. 244. S546. Every person who breaks and enters the dwelling house of another, by day or by night, in burglary in such manner as not to constitute any burglary specified in the preceding section, with intent to commit a crime, is guilty of burglary in the fourth degree. Breaking out of dwelling house burglary in fourth degree. Punishment of burglary. See 2 Rev. Stat., 668, § 13, which declares this species of offense to be burglary in the second degree. The section in the text also merges 2 Rev. Stat., 669, § 18. S 547. Every person who, having committed any crime in the dwelling house of another, breaks in the night time, any outer door, window shutter, or other part of such house, to get out of the same, is guilty of burglary in the fourth degree. See 2 Rev. Stat., 668, § 13. The following provisions of 2 Rev. Stat., 669, are here omitted, not with intention to change the existing law, but because they are embraced in the general provision of 2 of this Code. 19. The breaking out of any dwelling house by any person being therein, shall not be deemed such a breaking of a dwelling house as to constitute burglary, in any case other than such as are herein particularly specified. 20. The breaking of the inner door of any house by any person being therein, shall not be deemed such a breaking of a dwelling house as to constitute burglary, in any case other than such as are herein particularly specified. S548. Burglary is punishable by imprisonment in a state prison as follows: 1. Burglary in the first degree, for any term not less than ten years; 2. Burglary in the second degree, not exceeding ten years, and not less than five; 3. Burglary in the third degree, not exceeding five years; 4. Burglary in the fourth degree, not exceeding three years. Compare 2 Rev. Stat., 669, § 21. A lesser punishment for burglary in the fourth degree, is here added to those prescribed for the higher degrees by the Revised Statutes. $549. Every person who, under circumstances not amounting to any felony, has in his possession in the night time any dangerous, offensive weapon or instrument whatever, or any picklock, crow, key, bit, jack, jimmy, nippers, pick, betty or other implement of burglary, with intent to break and enter any building or part of any building, booth, tent, railroad car, vessel or other structure or erection and to commit any felony therein, is guilty of a misdemeanor. See Laws of 1862, ch. 374, § 1. Having possession implements buildings other than S550. Every person who, under circumstances not Entering amounting to any burglary, enters any building or dwelling part of any building, booth, tent, warehouse, rail- houses. road car, vessel or other structure or erection with intent to commit any felony, larceny or malicious mischief, is guilty of a misdemeanor. See Laws of 1862, ch. 374, § 1. house" S551. The term "dwelling house," as used in this "Dwelling chapter, includes every house or edifice any part of defined. which has usually been occupied by any person lodging therein at night, and any structure joined to and immediately connected with such a house or edifice. The only attempt at a definition of "dwelling house" in our existing statute law of burglary, is that found in 2 Rev. Stat., 669, § 16, viz.: "No building shall be deemed a dwelling house, or any part of a dwelling house within the meaning of the foregoing provisions, unless the same be joined to, immediately connected with, and part of a dwelling house." While this provision may have served a useful purpose in excluding from the provisions of the statutes relative to burglary a class of buildings wholly disconnected from dwelling "Night time defined. houses, it is wholly useless as a definition. It entirely fails to designate what is to be considered a dwelling house; and indeed, if literally taken, excludes all habitations standing alone. The Commissioners have given in the text a distinct definition of the term. $552. The words "night time," in this chapter, include the period between sunset and sunrise. Corresponds with § 524 of this Code, relative to arson. CHAPTER III. FORGERY AND COUNTERFEITING. SECTION 553. Forgery of wills, conveyances, certificates of acknowledg ment, &c. 554. Forgery of public securities. 555. Forgery of public and corporate seals. 556. Forgery of records and official returns. 557. Making false entries in records or returns. 558. False certificates of acknowledgment or proof. 559. Making false bank note plates, &c. 560. What plate may be deemed an imitation of a genuine plate. 561. Uttering forged evidences of debt. 562. Having possession of certain forged evidences of debt with intent to utter thein. 563. Having possession of other forged instruments. 564. Issuing spurious certificates of stock in corporations. 565. Re-issuing canceled certificates of stock. 566. Issuing false evidences of debt of corporations. 567. Counterfeiting coin to be circulated within this state. 568. Counterfeiting coin to be exported. 569. Forging process of court, and other instruments. 570. Making false entries in accounts of certain public officers. 571. Forging passage tickets. 572. Forging United States stamps. 573. Making false entries in books of accounts of corporations. 574. Clerks and others making false entries, in employer's books. 575. Having possession of counterfeit coin, with inten. to utter. 576. Punishment of forgery. 577. Uttering forged instrument, or coin, forgery in same degree as making it. 578. Exception, when such instrument or coin was received in good faith. 579. Fraudulently signing one's own name, as that of another. 580. Fraudulently indorsing one's own name. 581. Erasures and obliterations. 582. "Writing" and "written instruments" defined. 583. Fictitious names of officers of corporations. $553. Every person who, with intent to defraud, Forgery of forges, counterfeits or falsely alters: veyances, certificates of acknow &c. 1. Any will or codicil of real or personal property, ledgment, or any deed or other instrument being or purporting to be the act of another, by which any right or interest in real property is or purports to be transferred, conveyed or in any way charged or affected; or, 2. Any certificate or indorsement of the acknowledgment by any person of any deed or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any officer duly authorized to make such certificate or indorsement; or, 3. Any certificate of the proof of any deed, will, codicil or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any court or officer duly authorized to make such certificate, Is guilty of forgery in the first degree. 2 Rev. Stat., 670, § 22. S554. Every person who, with intent to defraud, Forgery of forges, counterfeits or falsely alters: 1. Any certificate or other public security, issued or purporting to have been issued under the authority of this state, by virtue of any law thereof, by which certificate or other public security, the payment of any money absolutely or upon any contingency is promised, or the receipt of any money or property acknowledged; or, 2. Any certificate of any share, right or interest in any public stock created by virtue of any law of this state, issued or purporting to have been issued by any public officer, or any other evidence of any debt or liability of the people of this state, either absolute or contingent, issued or purporting to have been issued by any public officer; or, 3. Any indorsement or other instrument transferring or purporting to transfer the right or interest of public securities. |