Polynesian., 1850-07-20

put any such resident person in fear, he shall
be subject to punishment by Imprisonment
at hard labor not more than ten years
ID. Whoever in the day time commits a
felony in any dwelling house, where any in
mate, not party thereto, is within such
dwelling house, such offender being armed
with dangerous weapon at the time OF
entering, or at any time while he is within
such house, or committing an assault on any
such inmate, or putting him in fear, shall be
punished by Imprisonment at hard labor not
more than ten years.
Is. Whoever in the night or day time
breaks and enters the dwelling house of an
other, and commits felony therein, or with
intent TO commita felony therein, though no
person be within said dwelling house at the
time, shall be punished by Imprisonment at
hard labor not more than five years.
l6. Whoever in the night enters, or
breaks and enters, the house Of another, not
Deing a dwelling house, OF any office, count
ing room, shop, warehouse, store-house,
workshop, factory or other enclosed and
covered building used at the time for the
deposit or safe keeping Of property, or for
the shelter, accommodation or employment
therein of persons or any meeting house,
court house, academy or other buildings
used for public purposes, the same not be-
ing dwelling house, or any vessel, with
intent to commit a felony therein, when any
person not a party thereto, is within such
house, office, counting room, shop, ware
house, storehouse, workshop, factory,
meeting house, court house or other build
ing or vessel having any right or authority to
be therein, such offender being armed with
dangerous weapon at the time of breaking
or entering, or al any time while he is
therein, or committing an assault upon any
person so therein, or putting him in fear,
shall be punished by Imprisonment at hard
labor not more than twenty years.
IL Where 10 such person is within such
house, building or other structure or vessel
at the time Of entering or breaking in the
night, or where such offender as is mention
ed in the preceding sectionis not so armed
and does not commit any such assault or
put any such person in fear, he shall be sub
iect to imprisonment at hard labor not more
than ten years.
Is. Whoever in the day time enters, or
breaks and enters, the house of another,
not being dwelling house, or any house,
building or structure described in section
sixteen, or any vessel, with intent to COM
NIT a felony therein, when any person, not
party thereto, is therein, having any right
or authority 10 be there, such offenderbeng
armed with a dangerous weapon at the time
of breaking or entering, or at any time
while he is therein, or committing an as
saut on any such inmate or putting him in
fear, shall be punished by imprisonment at
hard labor, not more than ten years.
10. Where no such person is within the
house, building, structure or vessel at the
time of entering or breaking in the day time !;
or where such offender as is mentioned in
the preceding section is not so armed, and
does not commit any such assault or put
any such person in fear, he shall be subject
to punishment by Imprisonment at hard Ia
Dor not more than five years.
CHAPTER XV.-Robbery.
T. Robbery is the stealing of a thing
from the person Of another or from his Gus
iody in bis presence, by force or putting him
in fear. r4eE 30 .tt
g. In order to constitute robbery, the
force must be used, or the fear excited or
taken advantage of. to prevent or over
come resistance, or TO prevent or hinder
the escape Of The party robbed, or 10 pre-
vent the conveying away, securing or guard
ing the subject Of the larceny from being
taken, or 10 induce the party robbed to sur
the crime.
g. Though the taking be by force, yet if
it be not with intent TO steal, it is not rob-
berry.
4. The taking Of a thing from another by
means Of forcibly imprisoning him, or forci-
bly, putting him under personal restraint or
duress, until he shall surrender the same is
robbery. .-.
5. In order 10 render the taking through
fear, where no violence is used, a robbery,
it is requisite that The ground Of fear should
be adequate, and not merely trivial and
frivolous.
g. An adequate cause of fear is such as
would, under the same circumstances,
cause fear in person Of ordinary firm
ness of like age, sex and state of heath,
and induce such person to part with pro-
perty, to avoid the apprehended injury or
danger; or such as the iaker of the thing be-
lieves, or has reason to believe will cause,
andsuch as does in fact cause, such degree
Of fear.
7. Whether the robber obtains the thing
stolen through the influence of fear excited
BY words, menacing gesture, the presenting
Of weapon, or other act causing fear, II
will equally, in either case be robbery
s Robbery by one armed with danger
Gus weapon with intent, if resisted, TO Kill,
MAIN, wound or inAict other severe corpo-
raj injury upon the person robbed; or
where being so armed, the robber, IN COM
miiting the offense, wounds, OF strikes or in
Aicts other severe injury upon the person
L