MAIL TRIBUNE, MedforJ, Or.
A. Monday, Feb. 8, 1960
What Is
The Law?
This column Is prepared
as public laryice by tha
Collage of Law. Willamette
UniTCisily, Salem, to ex
plain basic legal principles,
not to provide legal advice.
The reader is cautioned not
to apply these cases to bis
own problems without an
attorney's advice, for dif
fering facts may change
the outcome.
a n a
Burglary, Day or Night,
Is Crime in Oregon
Sam was opposed to work
ing for a living, and law
abiding conduct was not one
of his strong points. Wnile
loitering in a tavern one eve
ning, Sam overheard John
tell a friend that John and his
family were leaving on their
vacation at 4 a.m. the next
day. Sam went to John's
house and hid behind some
bushes until John and his
family drove away. It was
broad daylight, but the sun
had not risen, and did not
rise that morning until 4:21.
As soon as John's car turned
the corner Sam looked
around to be sure that the
coast was clear and then
broke the lock on the back
door of John's house and
walked into the house.
It was then 4:05. As luck
would have it, John had for
gotten his camera. He thought
of the camera when he was
a few blocks away. In the
meantime Sam was intent on
stealing the family silver, and
was busily ransacking the
dining room, looking for the
box with the silver in it. Just
as Sam found the box of sil
ver, and before he actually
had his hands on it, John
returned to the house to get
the camera and the jig was
up for him. John tied Sam up,
and John's wife called the
police. Sam was indicted for
burglary.
Sam Was Wrong
Sam protested that he was
not guilty of burglary. "How
can I be guilty of burglary,"
said Sam. "It was broad day
light, and burglary Is a crime
that can only be committed
in the night time."
Was Sam correct? No, Sam
was wrong again. The usual
definition of common law
burglary is the breaking into
the dwelling house of an
other, in the night time, with
intent to commit a crime
Sam had certainly broken
into a dwelling, and he cer
tainly intended to commit the
crime of larceny. But had
Sam committed the breaking
and entering in the night
time?
Law Definition Changed
The ancient rule seems to
have been that from sunset
until sunrise it was night for
purposes of burglary, but the
later common law held that
it was not night, even after
sunset and before sunrise, if
there was enough daylight to
allow the face of a person to
be seen. Sam would have
been correct, except for the
fact that the common law
definition of burglary has
been changed by statute in
Oregon. Since 1951 under the
Oregon statute breaking and
entering a dwelling house
with intent to commit a crime
therein is burglary, regard
less of whether it be done in
the night time or the daytime.
Burglary with explosives is
limited to nighttime, how
ever, and in that connection
the Oregon statute provides
that "nighttime" includes the
period between sunset and
sunrise.
Touring Russians
Don't Like Tour
Chicago -(CPD- A party of
Russian officials Saturday
threatened to break off a tour
of Chicago unless they were
shown steel mills, factories
and "more of the economy."
Only a last-minute change
in plans by harried tour of
ficials stayed the threatened
Russian departure to their ho
tel rooms. And matters were
not helped by a cold war
among rival tour leaders.
The threat came from Pre
mier D. S. Polyansky, chair
man of the council of min
isters of the Russian Soviet
Federated Socialist Republics,
after the group had shown
little interest in the hatching
of baby chicks at a museum.
Polyanski, head of about 25
upper echelon Communists,
many of them roughly com
parable to U.S. governors,
called a halt to a tour of the
Museum of Science and In
dustry and told tour officials:
"We want to see more of
the economy. We want to see
steel mills, factories at work."
Norfolk, Va.-aTD-The skip
per of a Navy destroyer which
lost six men on its final voy
age said Saturday his ship
was slammed with what ap
peared to be a combination
of two waves which hit with
a "one-two punch.' i
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