Cearley v. State

McMurray, Presiding Judge.

Defendant was charged via accusation with obstructing a public road and highway, OCGA § 16-11-43. The case was tried before a jury, but a transcript of the evidence was not prepared. Instead, the parties stipulated and the trial court approved the following statement of facts:

“Harold Jones, Charles Totherow, Neal Rusk and George Upchurch each testified that on the 15th day of February, 1989, while traveling on Mulkey Gap Road, in Union County, Georgia, they encountered debris in the road which made the road impassable without unreasonable inconvenience or hazard.…