Richardson v. State
Court of Criminal Appeals of Texas
The evidence for the State was quite full that the ditches, dam and levees constructed by the defendant obstructed the road in question; that about two years ago he built the dam higher and larger in every way, so that before the water will run over the middle of the dam or ends it backs up, etc., which is not the natural water course, and it never did run there, until the defendant got the middle and ends of the dam higher than the point, * * * The water stands two feet…
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The evidence for the State was quite full that the ditches, dam and levees constructed by the defendant obstructed the road in question; that about two years ago he built the dam higher and larger in every way, so that before the water will run over the middle of the dam or ends it backs up, etc., which is not the natural water course, and it never did run there, until the defendant got the middle and ends of the dam higher than the point, * * * The water stands two feet deep in the road after a rain and from sixty to seventy yards wide along the road and extending across the lane and road,…
1Opinion of the Court
HENDERSON, Judge,
Appellant was convicted of obstructing a public road, and his punishment assessed at a fine of $10; hence this appeal.
Appellant reserved a bill of exceptions to the action of the court as to his plea of former jeopardy. Without copying the entire plea, it shows substantially that he alleges he had been previously tried in said court on the same indictment, which contained two counts; and that the court submitted the case to the jury on the first count alone, which was, according to his contention, a dismissal of the second count, and put him in jeopardy on that count. This is…
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