Legal Opinion

People v. Parker

New York Supreme Court

Decided August 15, 1809PublishedCited by 3 opinions

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.

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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. The house and store both stood on the same lot, and on the same line, fronting on the public highway. There was no fence between the house and store, nor any enclosure…

1Per curiam

The 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.

Prisoner discharge.

2Cited by3 opinions

  1. State v. HecoxSupreme Court of Missouri · 1884
  2. Collins v. Central Trust Co.New York Supreme Court · 1929
  3. In re City of New YorkNew York Supreme Court · 1922

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