State v. Day

— The indictment in this case charges the appellee as follows:

“That, at said county of Putnam, on the 7th day of May, 1875, one Vincent Day did, then and there, unlawfully obstruct a certain highway, then and there situate, running through section No. 31, town 15, range 3, and leading from the Greencastle and New Maysville road, in said county, by then and there unlawfully cutting a ditch alongside of, and making an embankment alongside of and across said highway, thereby causing the water to flow in said road; contrary,” etc.

On motion of appellee, the indictment was quashed. The State…