BREAKING

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. New begin, 25 Me. 503; McCourt v. People, 64 N. Y. 585. In the law of burglary, "constn1ctive" breaking, a·s distinguished from actual, forcible breaking, may be cla ed under the following heads: (l) Entries obtained by threats; (2) when, in consequence of violence done or threatened in order to obtain entry, the owner, with a view more effoctuaily 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 proce 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. O. 468; Clarke v. Cor;n.,?5 Grat. (Va.) 912; · Dueber v. State, 18 Qh10, 317; Johnston v. Com., 85 Pa. 64, 27 Am. Hep. 622; Nicholls v. State, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870. -Breaking a case, The expre ion by the judges of a court, to one another, of their views 6f' a case, in order to ascertain how far they are agreed and as preliminary to the formal delivery of their opmions. "We are breaking the case, that we may show what is in doubt with any of us." Holt, C. J., addre ing Doi•. bin, J., 1 Show. 423.~Brealdng. bulk., The ARRESTMENT. [s. 156]