Carrier v. State

DISSENTING OPINION

Young, J.

There is a substantial difference between common law burglary and first degree burglary as defined by our statute, and it is, of course, with burglary as defined by statute that we are concerned. At common law it was necessary to break and enter the dwelling house of another in the night with intent to commit some felony within same. 2 Wharton’s Criminal Law, §968 (12th Ed.). And at common law the dwelling house was frequently spoken of, and is referred to in the prevailing opinion in this case, as the “mansion house.” Under our statute, quoted in Note 1 of the…