Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Bruce Campbells Chin

“At common law, a “burglary” must happen at night.”

When you reference “common law” is that for Florida or all of the states?

For example, in Louisiana, laws are, more or less, based upon “Napoleonic” law. Not so in other states.

I like to learn.


20 posted on 04/03/2012 1:19:54 PM PDT by spel_grammer_an_punct_polise
[ Post Reply | Private Reply | To 12 | View Replies ]


To: spel_grammer_an_punct_polise
Oddly, I think Louisiana is the one state that was never common law. It followed civil law, which was what generally was followed in continental Europe, as opposed to common law, which caem to us through the English legal system.

That being said, a great many states have superceded a lot of common law by statute, so that a lot of states have dropped the "at night" requirement.

31 posted on 04/03/2012 3:00:01 PM PDT by Bruce Campbells Chin
[ Post Reply | Private Reply | To 20 | View Replies ]

To: spel_grammer_an_punct_polise; Bruce Campbells Chin

Louisiana is the only state under Napoleonic law.

I was surprised to hear a definition of “burglary” that said anything about time of day, but spel is correct!

Burglary:
In criminal law, the breaking and entering the house of another in the nighttime, with the intent to commit a felony...
Blacks Law, 2nd Edition


57 posted on 04/05/2012 1:49:32 AM PDT by djf (Obama - the "OJ verdict" of presidents!!)
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson