|
|
Being found by night, armed or in possession of house-breaking implements.
|
28. Every person who shall be found by night—
|
|
| |
(1) armed with any dangerous or offensive weapon or instrument, with intent to break or enter into any building and to commit any felony therein; or
|
|
| |
(2) having in his possession without lawful excuse (the proof whereof shall lie on such person) any key, picklock, crow, jack, bit, or other implement of house-breaking; or
|
|
| |
(3) having his face blackened or disguised with intent to commit any felony; or
|
|
| |
(4) in any building with intent to commit any felony therein;
|
|
| |
shall be guilty of a misdemeanour and on conviction thereof liable—
|
|
| |
(a) if he has been previously convicted of any such misdemeanour or of any felony, to penal servitude for any term not exceeding ten years;
|
|
| |
(b) in all other cases, to penal servitude for any term not exceeding five years.
|
