Subject: Sentence Enhancement for Use of Weapon

. . . Whoever with the intent to commit any crime, breaks and enters any building, and for the purpose of committing any crime uses or attemps to use nitro-glycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives and shall be imprisoned in the penitentiary not less than five years, nor more than twenty years.

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, gunpowder, 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 a felony, and upon conviction shall be punished by imprisonment in the State Penitentiary for a term not less than twenty (20) nor more than fifty (50) years.

Whoever shall assault another with a gun, revolver, pistol, knife, iron bar, club, brass knuckles or other dangerous weapon, but without intending to commit the crime of murder, and without intending to inflict great bodily harm less than the crime of murder, shall be deemed guilty of a felonious assault, and upon conviction shall be punished by imprisonment in the State Prison for a term not exceeding three years or by imprisonment in the county jail for a term not exceeding one year, in the discretion of the court.

Every person who, either in the daytime or in the night season, shall break and enter any building with intent to commit any crime therein and shall open or attempt to open any vault, safe, or other secure place, in such building, by the use of nitro-glycerin, dynamite, gunpowder, or any other explosive, shall be imprisoned not more than thirty years.

§ 1. . . Section 4410m. 1. Any person who, with intent to commit crime, breaks and enters either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by nitroglycerine, dynamite, gunpowder, or any other explosive, shall be deemed guilty of burglary with explosives. 2. Any person duly convicted of burglary with explosives shall be punished by imprisonment for a term of not less than fifteen nor more than forty years.

§ 1. That any person who (with intent to commit crime) breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other place by use of nitro-glycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives. § 2. That any person duly convicted of burglary with explosives shall be sentenced to the Penitentiary, in the discretion of the court, for a period of not less than ten years nor more than thirty years.

§ 1. That any person who with intent to commit crime breaks and enters, either by day or by night, any building whether inhabited or not, and opens or attempts to open any vault, safe or other secure place within said building by use of nitro-glycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives. § 2. That any person duly convicted of burglary with explosives shall be sentenced to the penitentiary for a period of not less than ten (10) years, nor more than twenty-five (25) years.

That any person who breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by the use of nitroglycerine, dynamite, gunpowder or other explosive, shall be deemed guilty of burglary with explosives.

. . . A person who with the intent to commit some crime, breaks and enters any building in the night time, and, for the purpose of committing any crime, uses or attempts to use nitro-glycerine, dynamite, gunpowder, or any other high explosive is guilty of burglary with explosives. § 1890b. Every person who shall be convicted by burglary with explosives, shall be punishable by imprisonment in the penitentiary not less than ten, nor more than twenty-five years.

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.