Legal Term Dictionary

Forcibly separating, parting, disintegrating, or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, latches, or other fastenings intended to secure it or otherwise exerting force to gain an entrance, More...

Forcibly separating, parting, disintegrating, or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, latches, or other fastenings intended to secure it or otherwise exerting force to gain an entrance, with the intent to commit a felony; or violently or forcibly- breaking out of a house, after having unlawfully entered it, in the attempt to escape. Gaddie v. Com., 117 Ky. 468, 78 S. W. 163, 111 Am. St Rep. 259; Sims v. State, 136 Ind. 358, 36 N. E. 278; Melton v. State, 24 Tex. App. 287, 6 S. W. 303; Mathews v. State, 36 Tex. 675; Carter v. State, 68 Ala. 98; State v. Newbegin, 25 Me. 503; McCourt v. People, 64 N. Y. 585. In the law of burglary, "constructive" breaking, as distinguished from actual, forcible breaking, may be classed under the following heads: (1) Entries obtained by threats; (2) when, in consequence of violence done or threatened in order to obtain entry, the owner, with a view more effectually to repel it, opens the door and sallies out and the felon enters; (3) when entrance is obtained by procuring the service of some intermediate person, such as a servant, to remove the fastening; (4) when some process of law is fraudulently resorted to for the purpose of obtaining an entrance; (5) when some trick is resorted to to induce the owner to remove the fastenings and open the door. State v. Henry, 31 N. C. 468; Clarke v. Com., 25 Grat. (Va.) 912; Ducher v. State, 18 Ohio, 317; Johnston v. Com.. 85 Pa. 64, 27 Am. Rep. 622; Nicholls v. State, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870. -Breaking a case. The expression by the judges of a court, to one another, of their views of a case, in order to ascertain how far they are agreed, and as preliminary to the formal delivery of their opinions. "We are breaking the case, that we may show what is in doubt with any of us." Holt, C. J" addressing Dol-bin, J., 1 Show. 423.-Breaking bulk. The offense committed by a bailee (particularly a carrier) in opening or unpacking the chest,, parcel, or case containing goods intrusted to his care, and removing the goods and converting them to his own use.-Breaking doors. Forcibly removing the fastenings of a house. So that a person may enter.-Breaking jail. The act of a prisoner in effecting his escape from a place of lawful confinement. Escape while denoting tbe offense of the prisoner in unlawfully leaving the jail, may also connote the fault or negligence of the sheriff or keeper, and hence is of wider significance than "breaking jail" or "prison-breach."-Breaking of arrestment. In Scotch law. The contempt of the law committed by an arrestee who disregards the arrestment used in his hands, and pays the sum or delivers the goods arrested to the debtor. The breaker is liable to the arrester in damages. See ARRESTMENT. Less...

A metaphorical expression, signifying the conscience, discretion, or recollection of the judge. During the term of a court, the record is said to remain "in the breast of the judges of the court and in their remembrance." Co. Litt 260a; 3 Bl. Comm. 407.

A metaphorical expression, signifying the conscience, discretion, or recollection of the judge. During the term of a court, the record is said to remain "in the breast of the judges of the court and in their remembrance." Co. Litt 260a; 3 Bl. Comm. 407. Less...

In medical jurisprudence. The air expelled from the lungs at each expiration.

In medical jurisprudence. The air expelled from the lungs at each expiration. Less...

In Saxon and old English-law. A fine, penalty, or amercement imposed for defaults in the assise of bread. Cowell.

In Saxon and old English-law. A fine, penalty, or amercement imposed for defaults in the assise of bread. Cowell. Less...

In old Irish law. A judge. 1 Bl. Comm. 100. Brehons, (breitheambuin,) judges.

In old Irish law. A judge. 1 Bl. Comm. 100. Brehons, (breitheambuin,) judges. Less...

The name given to the ancient system of law of Ireland as it existed at the time of its conquest by Henry II.; and derived from the title of the judges, who were denominated "Brehons."

The name given to the ancient system of law of Ireland as it existed at the time of its conquest by Henry II.; and derived from the title of the judges, who were denominated "Brehons." Less...

A payment in bran, which tenants anciently made to feed their lords' hounds.

A payment in bran, which tenants anciently made to feed their lords' hounds. Less...

In the civil law. Persons appointed to take care of houses destined to receive foundlings.

In the civil law. Persons appointed to take care of houses destined to receive foundlings. Less...

This word, in a will, may include sisters, as well as brothers, of the person indicated; it is not necessarily limited to the masculine gender. Terry v. Brunson, 1 Rich. Eq. (S. C.) 78.

This word, in a will, may include sisters, as well as brothers, of the person indicated; it is not necessarily limited to the masculine gender. Terry v. Brunson, 1 Rich. Eq. (S. C.) 78. Less...

A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and then abolished by Edward I. of England.

A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and then abolished by Edward I. of England. Less...