State v. Frahm

I. Under the statute of this state, burglary of a dwelling-house is of two degrees, — the first, the breaking and entering in the night-time, with the intent to commit a felony; the second, the breaking and entering in the day-time. The punishment for the first degree is imprisonment in the penitentiary, not to exceed twenty years, in the absence of aggravation by reason of the offender being armed, or committing an assault upon any person in the dwelling, or being aided by confederates present at the commission of the crime, and for the second is imprisonment in the penitentiary for not more…