State v. Snyder
Supreme Court of Iowa
Appeal from, JPowesheik District Court. Indictment for obstructing a “county road” therein named. On the trial defendant objected to the introduction of certain record evidence, tending to show the establishment of the road named, as also to parol evidence, that the road referred to had been used and traveled by the general public for over twelve years, etc. The objections were sustained, a verdict of not guilty necessarily followed, and the State appeals.
1Opinion of the CourtWright, J.
1. Criminal law: • highway: evidence. I. The indictment charges, that defendant obstructed a certain “ county road,” naming ■ it. From this the only fair inference is, that a road laid off and established in the manner contemplated and provided by the statute was intended. If the charge had been a highway simply, the parol evidence would have been admissible. But we *209do not think, that, in a case of this kind, a defendant can be charged with obstructing a road which can only be established in one way, and convicted- upon proof which shows a highway by use or prescription. The pleading, in our…
2Cases cited1 opinion
- Dimon v. PeopleIllinois Supreme Court · 1856
3Cited by4 opinions
- State v. TeetersSupreme Court of Iowa · 1896
- Crans v. DurdallSupreme Court of Iowa · 1912
- State v. RobinsonSupreme Court of Iowa · 1870
- Burke v. MallySupreme Court of Iowa · 1909