State v. Miller

The opinion of the Court was delivered by

Mr. Justice Marion.

This is the second appeal from a conviction of the defendants under an indictment charging that on December 2, 1922, they “did unlawfully obstruct a neighborhood road,” etc.

On the former appeal (125 S. C., 289; 118 S. E., 624) this Court sustained defendant’s contention that they were entitled to have the jury instructed as follows:

“The rule in this State is that a prescriptive right arises in favor of the public after continuous use of a road for 2U years, when it runs through cultivated land, but that, when is passes over…