State v. Horlacher

The opinion of the court was delivered by

Reavis, J.

The defendant was charged with erect*326ing, continuing and maintaining a public nuisance by-constructing a fence across a public highway in Whitman county. The information was filed under subdivision 4 of the act relating to nuisances, approved March 2, 1895, (Laws 1895, p. 19, § 1), which declares:

“It is a public nuisance to obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.”

Defendant at the trial was found guilty by the jury and judgment of the court entered in…