Commonwealth v. Stephenson - 25 Mass. 354 (1829)

Rule:

The lifting a latch and opening the door, though not bolted or locked; the shoving up a window, though not fastened; the getting down a chimney, and various other acts done to effect an entry, are held to be a breaking. 

Facts:

Defendants contended that the trial court improperly instructed the jury as to what constituted a breaking. The trial court instructed the jury that if defendants broke, cut, or tore away a net fastened to a window, it constituted a breaking of the dwelling house. The defendants were convicted of burglary.

Issue:

Was the jury properly instructed as to what constituted a breaking?

Answer:

Yes.

Conclusion:

The court held that the jury was properly instructed. The court held that the net was nailed down on all sides and was torn away by defendants. It did not matter that the net was only made of twine.