A felonious intent is an essential element to constitute burglary. The person breaking and entering a building must intend to commit a felony therein under the common law, otherwise there is no offense.

204 Hagan vs. State, 52 Ala., 373. 205 Webb vs. Com., 18 Ky. L., 220. 206 Metz vs. State, 46 Neb., 547. 207 Benton vs. Com., 91 Va., 782. 208 Com. vs. Whalen, 131 Mass., 419; State vs. Canney, 19

N. H., 135.

209 Hagar vs. State, 35 Ohio St., 268. 210 Gillock vs. People, 171 Ill., 308. 211 State vs. Rogers, 54 Kan., 683;

Hughes Cr. Law, Sec. 704. 212 People vs. Richards, 108 N. Y., 141; Wood vs. State, 18 Fla., 967; Hughes Cr. Law, Sec. 704.

Therefore, if one enters a house for a different purpose which is not a felony or crime, he does not commit burglary, although he may break and enter the building without the consent of the owner.

For example, if a man enters a house for the purpose of meeting a lewd woman with whom he had been holding sexual relations, and for no other purpose, then his act would not be burglary.213

So where the owner consents and arranges that a larceny may be committed in his building for the purpose of detecting suspected thieves, and the arrangement is carried out by his detectives, there is no burglary.214