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1907 Utah Laws 50-51, An Act . . . Relating to Burglary in the First, Second and Third Degrees, Defining the Same, and the Penalties Therefor, ch. 52, § 1.

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Every person who, in the night time, forcibly breaks and enters, or without force enters an open door, window or other aperture of any house, room, apartment . . . with intent to commit larceny or any felony by the use of nitro-glycerine, dynamite, gunpowder, or any other explosive, is guilty of burglary in the first degree. When in prosecution for burglary in the first degree the question as to whether or not nitro-glycerine, dynamite, gunpowder, or any other explosive was used or intended to be used by the defendant in the commission of the crime cannot be definitely arrived at by the jury, a verdict of guilty of burglary in the second degree, as defined in § 4334-b may be found; provided, the other elemenst of the crime of burglary in the second degree as defined in Section 4334-b have been proved.