State v. Williams

Section 790 of the Revised Statutes, as. amended by Act No. 24 of 1882, which makes it a capital offense to shoot, stab, cut, strike, or thrust any person with a dangerous weapon with intent to commit murder, while committing or attempting to commit the crime of burglary, has reference only to the crime of burglary, as defined either in the common law or by the statutes of this state, which means breaking and entering in the nighttime, not breaking and entering in the daytime.

The crime of breaking and entering is not burglary, under the common law, unless it is committed in the nighttime.…