Page:Revised Codes of the State of North Dakota 1895.pdf/1338

§§ 7402-7410 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.

§ 7402. In second degree defined. Every person who breaks into any dwelling house in the daytime under such circumstances as would have constituted the crime of burglary in the first degree if committed in the nighttime, is guilty of burglary in the second degree.

§ 7403. Same. Breaking inner door. Every person who, having, entered the dwelling house of another in the nighttime, 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.

§ 7404. Same. Every person who, being lawfully in any dwelling house, breaks in the nighttime any inner door of the same house with intent to commit any crime, is guilty of burglary in the second degree.

§ 7405. Burglary in third degree. Every person who breaks into any dwelling house in the nighttime, 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.

§ 7406. Same. Other buildings. Every person who breaks and enters, in the day or in the nighttime, 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.

§ 740. Burglary in fourth degree. 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.

§ 7408. Same. Breaking out. Every person who, having committed any crime in the dwelling house of another. breaks in the nighttime, 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.

§ 7409. Punishment for burglary. Burglary is punishable by imprisonment in the penitentiary 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 third degree, not less than one and not exceeding five years.

4. Burglary in the fourth degree, not less than one and not exceeding three years.

§ 7410. Having burglar's implements in possession. Every person who, under circumstances not amounting to any felony, has in his possession in the nighttime any dangerous offensive weapon or instrument whatever, or any pickloek, crow, key, bit, jack, jimmy, 1304