Summary
In State v. Twitty, 2 N.C. 102 (1794), curtilage was defined as meaning "a piece of ground, either enclosed or not, that is commonly used with the dwelling-house."
Summary of this case from State v. WoodsOpinion
(September Term, 1794.)
If an outhouse be so near the dwelling-house that it is used with the dwelling-house, as appurtenant to it, burglary may be committed in it. In this case the outhouse was 17 1/2 feet from the dwelling-house.
INDICTMENT for a burglary in the mansion-house of the prosecutor, one Haslip, and taking from thence a cask containing twenty gallons of brandy, etc.
Upon evidence it appeared that Twitty broke open, in the night-time, a little outhouse, about 17 1/2 feet from the dwelling-house, and took out the brandy, etc., and it was insisted on the part of the prisoner that this was not burglary. The indictment lays it to be a mansion-house; but it has been determined that where the jury find the house to be separated from the dwelling-house only 8 feet, and that the breaking and entering was in that house, it is not burglary; and cited an authority from Leach, who has a case to that effect.