Page:1887 Compiled Laws of Dakota Territory.pdf/1134

§§ 6737-6746

§ 6737. 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.

§ 6738. 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.

§ 6739. 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.

§ 6740. Every person who breaks into any dwelling house in the night time, with intent to commit a crime, but under such circumstances as do not constitute the offense of burglary in the first degree, is guilty of burglary in the third degree.

§ 6741. Every person who breaks and enters, in the day or in the night time, either:

1. Any building within the curtilage of a dwelling house, but not forming a part thereof; or,

2. Any building or any 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.

§ 6742. Every person who breaks and enters the dwelling house of another, by day or by night, 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.

§ 6743. 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.

§ 6744. Burglary is punishable by imprisonment in the territorial 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.

§ 6745. 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.

§ 6746. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel or other structure or erection with intent to commit any felony, larceny or malicious mischief, is guilty of a misdemeanor.