State v. Shaw
Supreme Judicial Court of Maine
Indictment, founded on R. S. chap. 155, sect. 3. It was for setting on fire and burning the bam of one Joel S avago being within the curtilage of his dwellinghouse, “ by which said firing, the said dwellinghouse was endangered.” The trial was before Wells, J. The following rude diagram and description will sufficiently illustrate the localities, according to the evidence. Distance from house to highway, “ 25 or 30 rods.” “ “ bam to west fence, “ 8 or 9 rods.”
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Indictment, founded on R. S. chap. 155, sect. 3. It was for setting on fire and burning the bam of one Joel S avago being within the curtilage of his dwellinghouse, “ by which said firing, the said dwellinghouse was endangered.” The trial was before Wells, J. The following rude diagram and description will sufficiently illustrate the localities, according to the evidence. Distance from house to highway, “ 25 or 30 rods.” “ “ bam to west fence, “ 8 or 9 rods.” “ “ house to north fence, “ 6 or 7 rods.” The Judge instructed the jury, that the size of the lot, and the distance of the fences from…
1Opinion of the Court
Tenney, J., orally,
The counsel for defendant contends, that the Judge ought to have defined the term, curtilage, to the jury. But there was no request of the kind. Without such request, he was not bound to do so.
Again, it is contended the barn was not within the curtilage. The curtilage of a dwellinghouse is a space, necessary and convenient and habitually used, for the family purposes, the carrying on of domestic employments. It includes the garden, if there be one. It need not be separated from other lands by fence. The ruling of the Judge was unobjectionable.
Exceptions overruled.
2Cited by14 opinions
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- Bare v. CommonwealthSupreme Court of Virginia · 1917
- Cook v. StateSupreme Court of Alabama · 1887
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