State v. Gendusa

On Application for Rehearing.

In the State's petition for a rehearing it is contended that the wording of Section 850 of the Revised Statutes, as amended by Act No. 21 of 1926, is such that it is not necessary that there should be both a breaking and an entering of the house, — but that a mere entering of an open house is sufficient, — if done in the aggravating circumstances described in the statute, — to constitute that grade of the crime of burglary for which the penalty is death. The statute declares, very plainly, that there must be a breaking and an entering of the house, — that is, a…