Archbold's Pleading And Evidence in Criminal Cases : With the Statutes, Precedents of Indictments ..
The book Archbold's Pleading And Evidence in Criminal Cases : With the Statutes, Precedents of Indictments .. was written by author Archbold, John Frederick, 1785-1870 Here you can read free online of Archbold's Pleading And Evidence in Criminal Cases : With the Statutes, Precedents of Indictments .. book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is Archbold's Pleading And Evidence in Criminal Cases : With the Statutes, Precedents of Indictments .. a good or bad book?
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If this proof fail, the defendant may be convicted of simple larceny. The building described in the statute is " any building -within the curtilage of a dwelling-house, and occupied therewith, not being part of the dwelling-house," that is, " not communicating with the dwell- ing-house, either immediately or by means of a covered and enclosed passage leading from the one to the other." To break and enter such a building was, before the present statute, burglary, or housebreak- ing ; and althoug...h this enactment, which expressly defines the build- ing meant thereby to be a building within the curtilage, appears to exclude many of those buildings which were formerly deemed parcel of the dwelling-house, from their adjoining to the dwelling-house, and being occupied therewith, although not within any common enclosure or curtilage ; yet some of the cases decided upon these subjects may afford some guide to the construction of the present section. Where the defendant broke into a goose-house, which opened into the prosecutor's yard, into which yard the prosecutor's house also opened, and the yard was surrounded, partly by other buildings of the homestead, and partly by a wall in which there was a gate leading to the road, and some of the buildings had doors opening into the lane, as well as into the yard, the goose-house was holden to be part of the dwelling-house.
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