breaking and entry

breaking and entry
Elements of the offense of burglary. 13 Am J2d Burgl §§ 8 et seq. Some courts take the view that the use of the conjunctive "or" in a statute eliminates the necessity for both a breaking and an entering. Others, however, take the view that the word "or" must be read as the equivalent of "and", thus requiring both a breaking and an entering to constitute burglary. Anno: 23 ALR 288, 290. See breaking; entry.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • breaking and entry — Term used to describe the necessary elements of common law burglary which consisted of breaking and entering dwelling of another in nighttime with intent to commit a felony therein. Statutory forms of burglary consist in variations of the common… …   Black's law dictionary

  • breaking and entry — Term used to describe the necessary elements of common law burglary which consisted of breaking and entering dwelling of another in nighttime with intent to commit a felony therein. Statutory forms of burglary consist in variations of the common… …   Black's law dictionary

  • breaking and entering — n. the felonious act of putting aside any obstacle to entry of a house or other structure owned by another, which if left untouched would prevent entrance, followed by entry, with the intention of committing a crime: also called breaking and… …   English World dictionary

  • breaking and entering — ► breaking and entering (in North American, and formerly also British, law) the crime of entering a building by force to commit burglary. Main Entry: ↑break …   English terms dictionary

  • breaking and entering — break′ing and en′tering n. law forcible entry into the home or office of another • Etymology: 1790–1800 …   From formal English to slang

  • breaking and entering — Criminal Law. forcible entry into the home or office of another. [1790 1800] * * * …   Universalium

  • breaking and entering — noun The crime of gaining unauthorized entry into anothers property by force; to burgle …   Wiktionary

  • break and entry. — See breaking and entering. * * * …   Universalium

  • break and entry — variant of breaking and entering …   Useful english dictionary

  • break and entry. — See breaking and entering …   Useful english dictionary

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