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State v Neff
Author:- Sam Biers
Facts: Two relatives surnamed Neff were found guilty of burglary of Trent’s chicken house and stealing his chickens valued at $30.00.
Issue: Does the chicken house, an “outhouse adjoining thereto (the dwelling house) or occupied therewith,” in this case qualify as “parcel of,” or contiguous to the occupied dwelling?
Holding: The chicken house is not parcel of the occupied dwelling and therefor not burglary.
Court Rationale: Since the chicken house sits seventy-five feet from a public road, “out across,” the road somewhere, it cannot be construed as being an “outhouse adjoining thereto and occupied thereto,” or “parcel to,” such that contiguity is proven.