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.