As late as 1815 the English
judges stood only six to five in favor of the proposition [74]
that it was larceny to take a horse intending to kill it for no
other purpose than to destroy evidence against a friend. /1/ Even
that case, however, did not do away with the universality of
intent as a test, for the destruction followed the taking, and it
is an ancient rule that the criminality of the act must be
determined by the state of things at the time of the taking, and
not afterwards. Whether the law of larceny would follow what
seems to be the general principle of criminal law, or would be
held back by tradition, could only be decided by a case like that
supposed above, where the same act accomplishes both taking and
destruction. As has been suggested already, tradition might very
possibly prevail.
Another crime in which the peculiarities noticed in larceny are
still more clearly marked, and at the same time more easily
explained, is burglary. It is defined as breaking and entering
any dwelling-house by night with intent to commit a felony
therein. /2/ The object of punishing such a breaking and entering
is not to prevent trespasses, even when committed by night, but
only such trespasses as are the first step to wrongs of a greater
magnitude, like robbery or murder.
Pages:
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108