Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 280
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280 FRANCO v. THE STATE. [Term of
Opinion of the Court.
the whole body; it may consist of the entry of any part for
the purpose of committing a felony; or it may be constituted
by the discharge of fire-arms, or other deadly missiles, into the
house, with the intent to injure any person therein; or it may
be constituted by the introduction of any instrument for the
purpose of taking from the house any personal property,
although no part of the body of the offender should be intro
Article 2363. By the term breaking, as used in Article
2360, " is meant that the entry must be made with actual force.
The slightest force, however, is sufficient to constitute breaking;
it may be by lifting the latch of the door that is shut, by
raising a window, the entry at a chimney, or other unusual
place, the introduction of the hand, or any instrument to draw
out the property through an aperture made for that purpose."
In "common language," we do not say that one has entered
a house, wh hhas merely, in the act of raising a window from
without a building and holding it up with his hand, placed his
fingers in the inner side of the window, and therefore within the
house. But the Code says: "' The entry is not confined to the
" entrance of the whole body." In the opinion of a majority of
my brethren, this extends the meaning of the word as used in the
definition of burglary, so as to embrace a case like the present,
where only the fingers were actually within the house. According
to the common law authorities such an act would be
an entry sufficient to constitute burglary. (See Rex v. Davis,
Russell & Ryan, 499; Rex v. Briley, Id., 341.)
It is contended for appellant, that the clause immediately
following the one just quoted, reading thus: " It may consist
"'of the entry of any part for the purpose of committing a
"felony," qualifies what precedes it, so that the entry of a
small part of the body is not a complete entry, unless it be intended
by that act or agency to conmmnit the felony. The court
holds this to be only an example, one case in which the entry
of less than the whole body, viz., " any part," completes the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/288/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .