Cook v. State

The defendant was convicted of burglary. Two essential elements of that offense are the breaking into and the entering of the house. The evidence in this case showed an entering, but failed to show a breaking. It is contended by the solicitor-general, that, though the defendant entered the house by coming in through an open window, the evidence showed that he “pushed aside” the window curtains, and that said act amounted to a breaking. We can not agree to that contention, and the prosecution has failed to cite any authority that supports it. See Rex v. Lawrence, 19 English Common Law Reports,…