Curkendall v. People
Cases that cite this one
4 later published cases cite this decision.
- Hobbie v. Vance (Ala. 1974)
- State v. Neff (W. Va. 1940)
- People v. Labbe (Mich. 1918)
- Holland v. State (Ala. Ct. App. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff in error was indicted for the statutory offense of feloniously setting fire to and burning a barn and adjoining shed of one Isaac Hagerman, in Amboy, the said
The evidence showed that the barn was situated some fifteen rods from the house, with a public highway passing between them,' and a yard between the barn and the highway. In People v. Taylor, 2 Mich., 250, a barn one-third this distance from the dwelling house, but immediately connected with it by a lane, was held to be within the curtilage. But here, to say nothing of the distance, there was a distinct separation from the house by the highway; and the case cited cannot sustain the ruling.
The judgment must be reversed, and the prisoner discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.