4 Johns. 424
Decided August 15, 1809
New York Supreme Court · decided 1809-08-15
THE defendant was convicted, at the last oyer and _ . terminer, in the county of Washington, of a burglary. Judgment was respited, in order to take the opinion of, this court, whether the case amounted to burglary. The facts were these: The prisoner broke open a store, belonging to Halsey Rogers, in the night-time. The store was at the distance of twenty feet frqm the dwelling-house of Rogers, and no person slept in the store.
Cited by 3 later decisions — most recently November 1929
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1809-08-15
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¶1The store was not within the curtelage, as there was no fence or yard, enclosing, the dwelling-house and store, so as to bring them within one enclosure. This brings the case within that of the King v. Garland, (Leach, 130.) and distinguishes it from Gibson’s case, (Leach, 287.) The prisoner must be discharged.
¶2Prisoner discharge.