State v. Hecox
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. John C. Anderson, Judge. Appellant cannot be convicted on this indictment because (1) the building alleged to have been burglarized was within the curtilage of a dwelling house and no such crime is charged.
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Appeal from Clark Circuit Court. — Hon. John C. Anderson, Judge. Appellant cannot be convicted on this indictment because (1) the building alleged to have been burglarized was within the curtilage of a dwelling house and no such crime is charged. Koster v. People, 8 Mich. 431; Byrnes v. People, 37 Mich. 515; Beckford v. People, 39 Mich. 209; Gibson v. State, 54 Md. 447; Thralls v. State, 21 Ohio St. 233; Conner v. State, 14 Mo. 561; State v. O'Brien, 74 Mo. 549. (2) The indictment charges no offence, a granary not being the subject of burglary, unless within the curtilage or used for the…
1Opinion of the CourtBlack, J.
The first count of the indictment charged the defendant with breaking and entering on October 15, 1878, “a certain building, that is to say a certain granary of Archibald Boyles,” etc. The second »is like the first, and, in addition, charged him with stealing three and one-half bushels of wheat of the value of three dollars. He was found guilty of both charges.
The evidence tended to show that the granary was-inside of Boyles’ farm lot and separated from the dwelling house yard by a fence; that there was a well in the farm lot used for family purposes, which was reached by a gateway in the…
2Cases cited6 opinions
- State v. BarkerSupreme Court of Missouri · 1876
- State v. KelsoeSupreme Court of Missouri · 1882
- State v. MartinSupreme Court of Missouri · 1882
- State v. DoolySupreme Court of Missouri · 1876
- State v. HenleySupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. EganMissouri Court of Appeals · 1954
- State v. LackeySupreme Court of Missouri · 1910
- Wolf v. StateCourt of Criminal Appeals of Texas · 1928
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- State v. CareySupreme Court of Missouri · 1972
12 more not listed; retrieve them via the Exa API.