State v. Cipra

The opinion of the court was delivered by

Mason, J.:

Joseph Cipra appeals from a conviction upon the charge of wilfully obstructing a public highway across a tract of land owned by him in Ellsworth county. The principal question involved is whether the state produced evidence sufficient to warrant the conclusion that the way in question had ever been legally established as a public road. The records of the county clerk’s office were introduced, and showed that an attempt had been made to establish such a highway in 1880. Various defects are pointed out in the proceedings, some of which may have…