State v. Collins

The court erred in this case in sustaining the exceptions to the indictment. The indictment charges that the defendant “did with force and arms the public road leading from Waco by way of Robinsonville to the ■county line in direction of Marlin, unlawfully obstruct by then and there erecting a fence across the same.” We think this indictment sufficiently definite and certain to charge an offense against the laws of the State, as provided in Article 2579, Paschal’s Digest. It was wholly unnecessary to allege the materiality of the obstructions, cr to negative the idea that defendant was…