“ That the third section of the act of congress, entitled 'an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes,' passed March 3, 1825-Laws U.S. vol. 7, p. 393-is to be limited to the laws of the several states in force at the time of its enactment.
By the revised statutes of the state of New York, passed in 1829-Vol. 2 Rev. Stat. p. 669, part 4, ch. 1, title 3, art. 2, sec. 17-a burglary in the third degree is enacted a breaking and entering, in the day or night, any shop, store, &c., in which any goods, &c. ”