Bryant v. State
Supreme Court of Georgia
Criminal law. Before Judge Crisp. Lee Superior Court. November Term, 1877. Bryant was indicted for burglary in the night-time, committed on a gear-house “within the curtilage and protection of” a dwelling-house, and was found guilty. He moved for a new trial, which was refused, and he excepted. For the other facts, see the opinion.
1Opinion of the Court
Jackson, Judge.
The only point made in this case of any materiality, is that the gear-house was not within the curtilage of the dwelling-house. The proof is that it was within the enclosure of the yard but separated from the remainder of the yard by a fence, with a gate opening to the particular enclosure where the gear-house was located, and that this gate was kept open at night, so as to have the house protected by the yard dog, like the dwelling and rest of the yard.
Under our statute, this proof supports the allegation in the indictment, that the gear-house was within the curtilage and…
2Cited by7 opinions
- United States v. KaplanDistrict Court, S.D. Georgia · 1923
- Wright v. StateCourt of Appeals of Georgia · 1913
- Hutchins v. StateCourt of Appeals of Georgia · 1907
- Williamson v. StateCourt of Appeals of Georgia · 1938
- United States v. Martinez-GarciaCourt of Appeals for the Fifth Circuit · 2010
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