BREAKING. Parting or dividing by force and violence a solid substance, or
piercing, penetrating, or bursting through the same.
2. In cases of burglary and house-breaking, the removal, of any part of
the house, or of the fastenings provided to secure it, with violence and a
felonious intent, is called a breaking.
3. The breaking is actual, as in the above case; or constructive, as
when the burglar or house-breaker gains an entry by fraud, conspiracy or
threats. 2 Russ. on Cr. 2; 2 Chit. Cr. Law, 1092; 1 Hale, P. C. 553; Alis.
Prin. 282, 291. In England it has been decided that if the sash of a window
be partly open, but not sufficiently so to admit a person, the raising of it
so as to admit a person is not a breaking of the house. 1 Moody, Cr. Cas.
178. No reasons are assigned. It is difficult to conceive, if this case be
law, what further opening will amount to a breaking. But see 1 Moody, Cr.
Cas. 327, 377; and Burglary.