Breaking


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Breaking

To use physical force to separate or damage a solid object.

When used in criminal statutes as an element of Burglary or housebreaking, to forcibly remove any part of a house that protects it from unauthorized entry such as locks, latches, windows, or doors, to gain access to the house with the intent to commit a crime; to use force or violence in escaping from a house after a felony has been committed or attempted therein.

The slightest physical force—for example, lifting a latch, releasing a bolt, or opening an unlocked door or window—is enough to constitute breaking.

See: division, infraction

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.

References in periodicals archive ?
There was a wide range of students who attended the seminar from those who have never done a power break before to those who have competed in power breaking and even placed at worldwide or national tournaments.
I then start working a breaking ball that starts in the middle of the plate and breaks outside the zone.
Such studies, however, haven't generally been designed to examine what happens during fragmentation, such as what specific forces impinge on various locations in a breaking object.
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Dull or nicked dies are a frequent cause of low breaking elongation (short breaks).
Once the ribbons are sewn, Miller looks at how the shank is breaking along the arch when the student is on full pointe.
When a wind-driven, breaking wave crashes at sea, it traps large volumes of air, which quickly break up into tiny bubbles, perhaps only tens of microns in diameter.
On the other hand, late sand removal results in processing castings through the drum while helping scrub sand from the castings, homogenizing the sand and breaking lumps.
The study shows we are now in National Break-Up Season, the period between the December holidays and Valentine's Day when people are more than twice as likely to think about breaking up than at any other time of the year.
JetHawks manager Bill Plummer said the version of the slider he threw last season more closely resembled a ``slurve,'' essentially a hybrid between a horizontally breaking slider and a curveball that breaks on a vertical plane.
3 looks for the lob pass to 5 breaking to the opposite block.