Page:1864-65 Territory of Dakota Session Laws.pdf/157

Rh Section 546. Breaking and entering dwelling, when burgalary in fourth degree.

547. Breaking out of dwelling house, burglary in fourth degree.

548. Punishment of burglary.

549. Having possession of burglar's implements.

550. Entering building other than dwelling houses.

551. “Dwelling house" defined.

552. “Night time" defined.

Sec. 540. Every person who breaks into and enters in the night time the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either:

1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house, or the lock or bolt of such door, or the fastening of such window or shutter; or,

2. By breaking in any other manner, being armed with any dangerous weapon, or being assisted or aided by one or more confederates, then actually present; or,

3. By unlocking an outer door by means of false keys, or by picking the lock thereof,

Is guilty of burglary in the first degree.

Sec. 541. Every person who breaks into any dwelling 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.

Sec. 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 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.

Sec. 543. Every person who, being lawfully in any 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.