State v. Stewart

The appellee was indicted for obstructing a public highway, in the following words :

The grand jurors for the county of Allen and State of Indiana, upon their oath, charge and present that on the 10th day of April, A. D. 1879, Jacob Stewart, of said county of Allen and State aforesaid, unlawfully obstructed a certain public highway in Aboit township, in said county, by then and there erecting a fence across the said highway, and by then and there building and erecting said fence in said highway ; contrary,” etc.

On motion of the appellee, the court quashed the indictment, and the State excepted.