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Show HE MUST BE TRIED FOR LESSER OFFENSE What seems to be a defect in the statutfc relating to housebreaking developed de-veloped when the County Attorney was called upon to draw up a complaint ngalnst G. H. Leaden, who was arrested arrest-ed eary in the afternoon of last Friday coming from a room in the Clayton rooming-house. He had on his person . seven souvenir spoons and a silver- mounted mirror and hair brush. I The- officers supposed that a clear case of housebreaking could be made out. against him. but the statute defines de-fines housebreaking as the felonious entering en-tering In the daytime of "any dwelling house, shop, warehouse, store, mill, barn, stable, outhouse, other building or railroad car with Intent to steal." Rooming-houses are omitted, and the courts have held that to enter a store or other public place, while It Is open "for business, and steal, Is larceny, not housebreaking. For this reason, the Value of the plunder plun-der being less than ?50, Leaden will be accused of nothing more serious than petit larceny, and he will be tried In tlio City court for that offense. |