State v. Miller

The opinion of the Court was delivered by

M". Justice Marion.

The indictment upon which defendants were convicted charged that on a day certain they “did unlawfully obstruct a neighborhood road, that had become a public highway by being used more than 20 years by placing and erecting across said road a wire fence,” etc. From sentence imposed defendants have appealed upon exceptions which may fairly be construed to raise but one question.

The Circuit Judge refused several of defendants’ requests to charge, which embodied, in substance, the following proposition :

•“The rule in this State is that a…