State v. Auchard
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; Henry C. Smith, Judge. David Auchard was acquitted of the charge of obstructing a public highway, and the State appeals.
1Opinion of the Court
PER CURIAD.:
Defendant was tried upon an information drawn under Section 2726 of the Political Code, charging him *15with obstructing a public highway in January, 1898. At the conclusion of the evidence in behalf of the State, defendant moved that the jury be directed to find for defendant upon the ground that no legal highway had been shown to exist. The motion was, in effect, granted, and the defendant discharged. The State appeals. That the court peremptorily instructed the jury to acquit, instead of advising them to do so (Section 2096, Penal Code), is not assigned as error.
The questions…
2Cases cited2 opinions
- Board of Supervisors of Logan County v. People ex rel. Commissioners of Highways of the Towns of West Lincoln & SheridanIllinois Supreme Court · 1886
- Carron v. ClarkMontana Supreme Court · 1894
3Cited by45 opinions
- Burns v. EmingerMontana Supreme Court · 1929
- Brannon v. Lewis & Clark CountyMontana Supreme Court · 1963
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- Pope v. AlexanderMontana Supreme Court · 1907
- Reid v. Park CountyMontana Supreme Court · 1981
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