is made through an open door or window the offense is not complete. The raising of a closed window or the turning of the knob or lifting the latch of a closed door is sufficient. So if there is an entry through an open door, but a breaking of an inner door, it is sufficient. There must be a breaking of some part of the house; forcing the door of an area wall or breaking open a chest or trunk in the house will not constitute a breaking. If one with intent to commit a felony knocks at a door, and an inmate opens it and he thus gets in, it is a constructive unlawful breaking. So where one gains admittance upon a false pretense of having business with an inmate, or by collusion with the servants of the household. An entry is essential, but the slightest entry is sufficient. If any part of the body or a weapon, a stick or anything in the offender's hands is thrust into the house through a door or window which has been broken, it will constitute an entry. The entry need not be at the same time as the breaking, but both must be in the night. Night for the purposes of this crime begins when daylight ends and when countenances can not be easily discerned, and ends when there is sufficient daylight to discern them. The building broken into must by the common law be a dwelling. The statutes of many states have included stores and many structures not used as dwellings. In some states a breaking and entering in the daytime with intent to commit a crime is declared to be burglary. The intent to commit a crime must exist. Ordinarily the intent of the burglar is to steal, but it may be to commit any other crime. Whatever the intent is it must exist at the time of the breaking and entering.

§ 283. Robbery.-Robbery is the taking with felonious intent of any money or goods of any value belonging to another from the person of another, or in

12-Elem. Law.

his presence against his will by force or violence or by putting him in fear. The robber must take and remove the property taken, the thing taken must be the subject of larceny, the force used must be before or at the time of the taking and of such character as to make it evident that it was intended to overpower the party robbed or to prevent resistance on his part and not merely to get possession of the property. The mere taking the property from another by the false pretense that the taker is an officer, or the quiet and unobserved picking a pocket, or the snatching of an article from another's hands when there is no struggle or resistance, is not robbery. The fear must be such as would intimidate and create a reasonable apprehension of danger. The person robbed need not be the owner of the property, possession is enough. If the accused acted in good faith, under the impression that the property was his own, there is no robbery.

§ 284. Embezzlement.-Embezzlement is not a common-law offense, but is made a crime by state statutes. It is like larceny in its effects upon the owner, and in the intent of the offender, but it differs in the important particular that the offender comes lawfully into possession of the money or thing embezzled, the criminal act being the fraudulent and unlawful appropriation of it to his own use. Bailees, cashiers or tellers of banks, clerks, public officers, agents and officers of corporations, bookkeepers, in short, all persons entrusted with the care of money or property belonging to others, who unlawfully and with fraudulent intent convert it to their own use, are embezzlers. If it appears that the money or thing taken was in the actual or constructive possession of the owner, the offense would be larceny and not embezzlement.

§ 285. Larceny.-Larceny is the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner thereof. Grand larceny and petit larceny are distinguished arbitrarily by the value of the property taken, as declared by the statutes of the various states. What is grand larceny in one state may be only petit larceny in another.

The taking must be secret and fraudulent, and it is not necessary that it should be by the thief in person. If the thief with felonious intent induces an innocent person to take the personal property of another and deliver it to him it is an unlawful taking. The slightest intentional removal of the article from the place where it was before is a carrying away.

It is not necessary that the person from whom the property is taken should be its absolute owner. Any rightful possession, as that of a bailee having a qualified right of property, would be ownership sufficient to support a charge of larceny. Goods in the possession of an agent or servant of another are constructively in the possession of the owner or master, provided the servant's custody was obtained from the master, though he may be personally ignorant of their existence or whereabouts. If possession is obtained lawfully the subsequent carrying away with the unlawful intent will not make it larceny. The unlawful intent to carry away and convert the property must exist at the time of taking. If by a fraudulent trick the owner is induced to part with the possession of his property temporarily, the thief intending to appropriate it unlawfully, it is larceny.

§ 286. Cheating-False pretenses.-Cheating by false pretenses is where any person by a false and fraudulent representation or statement of an existing or past fact, made with a knowledge of its falsity and with

intent to deceive and defraud, induces another to part with money or property of value. It is not larceny because that implies that the owner's goods were taken from him without his consent. No mere expressions of opinion nor promise for future conduct, however fraudulent and false, will amount to a false pretense. The fraudulent representation must be of such a character as would mislead a person of ordinary intelligence. The injured party must be deceived, the representations must be false and must be believed to be true by the party defrauded. The offender must fraudulently intend to obtain the property and to deprive the owner of the use of it, and the offense is not complete until the owner has parted with his property. It is no defense to show that other motives influenced the owner in part. It is sufficient if the fraudulent and false pretense charged were a part of the moving cause without which the owner would not have parted with his property.

§ 287. Conspiracy.-A conspiracy is a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful, by criminal or unlawful means. In many states conspiracy is indictable as a common-law offense, in others there is no common-law jurisdiction of the offense.

§ 288. The agreement.-The agreement, which is an essential ingredient of the crime, may be express or implied, and its existence may be proved by circumstantial evidence. Any one who enters a conspiracy adopts all the previous acts of his coconspirators in forming and carrying out the criminal purpose, and is bound by all that is done by them afterwards unless he withdraws and renounces his connection with it. If the conspiracy is to

commit a felony, the conspiracy is merged in the consummated act. The mere unlawful agreement constitutes the crime, whether the unlawful purpose is accomplished or not. All parties to a conspiracy are liable, in a civil suit for damages, to the injured person.

§ 289. Dueling.-Dueling is made a crime by the statutes of all the states. If death ensues all the parties, principals and seconds are guilty of murder. The sending or carrying of a challenge to fight a duel is an indictable offense in most of the states.

§ 290. Extortion.-Extortion signifies in an enlarged sense any oppression under color of right, but in a stricter and more accurate sense it is the demanding and receiving of money by an officer by color of his office, either where none is due or where the sum demanded and received is in excess of the amount due. It is an offense which can be committed only by officers, whether federal or state, ministerial or judicial. One who acts as an officer can not plead in defense to a charge of extortion that he did not hold the office rightfully. The most common form of the offense is the demanding and receiving fees for official services in excess of the amounts fixed by law.

§ 291. Forgery.-Forgery at common law is the falsely making or materially altering, with intent to defraud, any instrument in writing which if genuine would impose a legal liability. The false making must be with the intent that it shall appear to be the act of another, and with the intent to defraud. One who honestly believes that he has the authority to sign the name of another, or to make a material alteration in a written instrument, is not guilty of forgery though no such