68 Ala. 96 | Ala. | 1880
Lifting the latch of an outer door, and thereby effecting an entrance, although the door is not otherwise fastened, is a sufficient breaking and entrance under an indictment for burglary.—State v. Wilson, Coxe (N. J.) 439. So, pushing open an outer, closed door, although not fastened, and thereby entering, (Finch v. Com. 14 Grat. 643), or, lifting the flap of a cellar door, usually kept down by its own weight, (Rex v. Russell, 2 Eng. Cr. Gases, 377,) is each a sufficient breaking for purposes of burglary. And, raising the sash of a window, shut down close but not fastened, or, pulling down an upper sash, kept in place alone by its weight, or lifting a transom shutter, kept in place by its own weight, may each constitute a burglarious breaking.—Rex v. Hyams, 7 C. & P. 441; Rex v. Hall, Russ. & Ry. 451; 1 Russ.
Affirmed..