Legal Opinion

Freeman v. State

Supreme Court of Alabama

Decided January 15, 1838PublishedCited by 3 opinions

Error to the Circuit court of Dallas county. At the spring term, eighteen hundred and thirty-seven of the said court, the grand jurors for the county, upon their oaths, presented, that on the sixth day of February, in the year of our Lord eighteen hundred and thirty-seven, there was, and from that time hitherto Had been, and still was, to wit, in said county, a certain public road of the first grade, called and known as the Cahavvba and Pensacola State road; and the jurors…

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Error to the Circuit court of Dallas county. At the spring term, eighteen hundred and thirty-seven of the said court, the grand jurors for the county, upon their oaths, presented, that on the sixth day of February, in the year of our Lord eighteen hundred and thirty-seven, there was, and from that time hitherto Had been, and still was, to wit, in said county, a certain public road of the first grade, called and known as the Cahavvba and Pensacola State road; and the jurors aforesaid, upon their oaths presented, that Fleming Freeman, late of the said county, on the seventh day of March,…

1Opinion of the CourtOrmond, J.

This was an indictment against the plaintiff in error for obstructing a public highway. The indictment contained three counts; one for changing a public road, the other, for erecting a fence across the public road. The defendant pleaded not guilty, and the statute of limitations.

On the trial of the cause, it was proved that the alteration of the course of the public road, described in the indictment, and the obstruction thereof, charged in said indictment, were made and erected before the passage of the act to amend and consolidate the laws on the subject of the public roads, approved…

2Cases cited2 opinions

  1. Mills v. HallNew York Supreme Court · 1832
  2. State v. President of the Tombeckbee BankSupreme Court of Alabama · 1828

3Cited by3 opinions

  1. City of Birmingham v. BarancoAlabama Court of Appeals · 1912
  2. State v. AllaireSupreme Court of Alabama · 1848
  3. George v. StateSupreme Court of Alabama · 1866

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