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 classic literature ?
So he sent you his regards and said to tell you he'd taken your advice and was still going on breaking his own record.
He had lived too long and too philosophically to lay blame on a dog for breaking a taboo which it did not know.
Having set his mind fixedly on the project of breaking up the establishment at Astoria, in the current year, M'Dougal was sorely disappointed at finding that Messrs.
Generally, the dividing and breaking, of all factions and combinations that are adverse to the state, and setting them at distance, or at least distrust, amongst themselves, is not one of the worst remedies.
My boy," he said, "there are worse things in the world than breaking a promise.
I walked up to them and accused Rataziaev of breaking faith.