Note 505 — LEGAL STATUS OF THE DEAD BODY.

See also Com. v. Slack, 19 Pick., 304; People v. Fitzgerald, 105 N. Y., 146; People v. Richards, 138 N. Y., 137. In this last case it was held that a tomb, although constructed in the form of an elaborate mausoleum and built above the surface of the ground, was not a “building, erection or enclosure,” within the meaning of the criminal statutes defining the crime of burglary in entering a “building, erection or enclosure;” and hence that entering such a tomb and taking therefrom a dead body with its grave-clothes and cerements would not amount to the crime of burglary.