jury to testify shall be prosecuted for any violation of any of the provisions of this article testified to by such persons. (2494, R. L. 1910) 1049. Injunction to Prohibit Violation-The habitual use. actual, threatened or contemplated, of any premises, place or building or telegraph or telephone wires or instruments, in violation of any of the prohibitions of this article, shall be enjoined at the suit of either the State or any citizen thereof. (2495, R. L. 1910) 1050. Any Citizen May Prosecute-The Attorney General or any county attorney shall prosecute all suits deemed by them necessary to enjoin such use; provided, that nothing herein shall prevent such injunction from issuing at the suit of any citizen of this State who may sue in his own name, and such citizen shall not be required to show that he is personally injured by the acts complained of. (2496, R. L. 1910) 1051. Petition Need Not Be Verified-The procedure in all cases brought under the two preceding sections of this article shall be the same as in other suits for injunctions, as near as may be; provided, that when such suit is brought by any county attorney or by the attorney general, the petition for injunction need not be verified. (2497, R. L. 1910) 1052. Burglary in First Degree-Any person who breaks into and enters in the night time the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either, First: By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house, or the lock or bolts of such door, or the fastening of such window or shutter; or, Second: By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or, Third: By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window, is guilty of burglary in the first degree. (2611 R. L. 1910) Where a building is entered by consent of the occupant, or that one of the parties was a decoy and this fact was known to the occupant, such would not be burglary. Robberts v. Terr., 8 Okla. 326. Proof of any kind of rightful possession of a house as against the burglar is sufficient. Spencer v. State, 5 Okla. Cr. 7. 113 P. 224. An indictment must allege every element necessary to constitute the offense, including time, place, ownership, and description of property. Ownership if laid in lessee or tenant is sufficient. house when it is used as a place of habitation. Okla. Cr. 57, 113 P. 549. Hotel is a dwelling Simpson v. State, 5 Evidence held sufficient to sustain conviction. Nash v. State, 8 Okla. Cr. 1, 126 P. 260. Information held sufficient. Killough v. State, 6 Okla. Cr. 312, 118 P. 620; Pace v. State, 13 Okla. Cr. 583, 165 P. 1160. Crime is complete when breaking and entering is complete. Ford v. State, 13 Okla. Cr. 612, 166 P. 75. "Steal," as used herein, is such an offiense as makes it burglary to break and enter a building with intent to steal, regardless of the value of stolen property. Sullivan v. State, 7 Okla. Cr. 307, 123 P. 569. Burglary may be charged for more than one purpose, and conviction may be had on proof of either ground. Hardeman v. State, 15 Okla. Cr. 229, 175 P. 948. Information for, by use of explosives. Richards v. State, 15 Okla. Cr. 582, 179 P. 777. 1053. Burglary in Second Degree-Any person who, in the day time, does the act designated in the first section of this article, is guilty of a burglary in the second degree. (2612 R. L. 1910) 1054. Same-Any person who, having entered the dwelling house of another in the night time, through an open outer door or window, or other aperture not made by such person, breaks an inner door, window, partition or other part of such house, with intent to commit any crime, is guilty of burglary in the second degree. (2613 R. L. 1910) 1055. Same-Any person who, being lawfully in any dwelling house, breaks in the night time an inner door of the same house with intent to commit any crime, is guilty of burglary in the second degree. (2614 R. L. 1910) 1056. Same-Any person who breaks and enters in the day time or in the night time, either: First: Any building within the curtilage of a dwelling house, but not forming a part thereof; or, Second: Any building or any part of any building, booth, tent, railroad car, vessel or other structure or erection in which any property is kept, with intent to steal therein or to commit any felony, is guilty of burglary in the second degree. (2615 R. L. 1910) 1057. Punishment of Burglary-Burglary is punishable by imprisonment in the penitentiary as follows: First: Burglary in the first degree for any term not less than seven years nor more than twenty years. Second: Burglary in the second degree not exceeding seven years and not less than two years. (2616 R. L. 1910) 1058. Possession of Burglar's Implements-Any person who, under circumstances not amounting to a felony, has in his possession any dangerous offensive weapon or instrument whatever, or any picklock, crow, key, bit, jack, jimmy, nippers, pick, betty, or other implement of burglary, with intent to break and enter any building, or part of any building, booth, tent, railroad car, vessel or other structure or erection and to commit any felony therein, is guilty of a misdemeanor. (2617 R. L. 1910) 1059. Entering Buildings-Any person who, under circumstances not amounting to any burglary, enters any build ing or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to com mit any felony, larceny, or malicious mischief, is guilty of a misdemeanor. (2618 R. L. 1910) "Larceny" relating to burglary, is any trespass involving taking of personal property with intent to deprive another thereof. Sullivan v. State, 7 Okla. Cr. 307, 123 P. 569. 1060. Dwelling House Defined-The term "dwelling house" as used in this article, includes every house or edifice, any part of which has usually been occupied by any person lodging therein at night, and any structure joined to and immediately connected with such a house or edifice. (2619 R. L. 1910) 1061. Night Time Defined-The words "night time" in this article include the period between sunset and sunrise. (2620 R. L. 1910) 1062. Burglary With Explosives Any person who enters any building, railway car, vehicle, or structure and there opens or attempts to open any vault, safe, or receptacle used or kept for the secure keeping of money, securities, books of accounts, or other valuable property, papers, or documents, without the consent of the owner, by the use of or aid of dynamite, nitroglycerine, gun powder, or other explosives, or who enters any such building, railway car, vehicle, or structure in which is kept any vault, safe, or other receptacle for the safe keeping of money or other valuable property, papers, books, or documents with intent and without the consent of the owner, to open or crack such vault, safe, or receptacle by the aid or use of any explosive, shall in either case be deemed guilty of felony, and upon conviction shall be punished by imprisonment in the State penitentiary for a term of not less than twenty (20) nor more than fifty (50) years. (S. L. 1913, 7) 1063. Cigarettes-Disposal of. 1064. Licenses for Dealers. 1065. Fines Paid to Informers. CIGARETTES. 1066. County Clerk to Issue License. 1063. Cigarettes-Disposal of-Any person who shall furnish to any minor by gift, sale, or otherwise, any cigarettes or cigarette papers, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine of not less than $25 nor more than $200 and be confined in the county jail not less than ten days nor more than ninety days for each offense. (S. L. 1917, 238) 1064. Licenses for Dealers-It shall be unlawful for any individual or corporation to sell, offer for sale, give away, barter or otherwise dispose of upon any pretext or advertisement or to bring into the State for purpose of selling, offering for sale, giving away, bartering, or otherwise disposing of any cigarettes, cigarette papers, or substitutes therefor, or to solicit the purchase or sale of any such cigarettes, or cigarette papers or substitutes therefor, either in person or by sign, circular, letter, card, price list, advertisement, sign or notice, wherein such cigarettes, cigarette papers, or substitutes therefor may be manufactured, sold, given away, bartered, found, or otherwise disposed of without having first procured a license therefor, and the execution of a bond hereinafter provided; a violation of any provision of this section shall constitute a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, and by incarceration in the county jail for a period not exceeding one year; provided, that the provisions of this section shall not apply to jobbers and wholesalers of cigarettes and cigarette papers. (S. L. 1917, 238) 1065. Fines Paid to Informer-Of all sums recovered hereunder as fines, one-fourth shall be paid to the complaining witness, if not a public officer, the remainder to be paid into the county road fund and be used in the construction and maintenance of the public roads of the county to be distributed as are other county road funds. (S. L. 1917, 238) 1066. County Clerk to Issue License-It shall be the duty of the county clerk, upon the application of any responsible |