Supreme Judicial Court of Maine, 1850

State v. Shaw

State v. Shaw
Supreme Judicial Court of Maine · Decided July 1, 1850 · Orally, Tenney
31 Me. 523

State v. Shaw

Opinion 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.