State v. Withrow
Supreme Court of Arkansas
APPEAL from Madison Circuit Court. Hon. J. M. Pittman, Judge. The appellee was indicted for obstructing a public highway. A demurrer to the indictment was sustained. The indictment was drawn with sufficient particularity and charges an offense against the statute. Sec. 1865, Mansf. Dig. It was unnecessary to define the termini of the way. 2 Arch. 1763, 8 Am. ed..; 2 Bish. Crim.
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APPEAL from Madison Circuit Court. Hon. J. M. Pittman, Judge. The appellee was indicted for obstructing a public highway. A demurrer to the indictment was sustained. The indictment was drawn with sufficient particularity and charges an offense against the statute. Sec. 1865, Mansf. Dig. It was unnecessary to define the termini of the way. 2 Arch. 1763, 8 Am. ed..; 2 Bish. Crim. Pro., sec. 1051. The designation of the place by the number of the road district is more specific than the second count of State v. Lemay, 13 Ark., 407. The case of Matthews v. State, 25 O. St,, 539 — 4.0, upholds an…
1Opinion of the CourtCockrill, C. J.
The indictment alleges that “'the said James Withrow, in the county of Madison, in the state of Arkansas, on the 10th day of March, 1885, unlawfully did obstruct a public road in district No. 21, the same then and there being a public highway,” etc. -
The court sustained a demurrer to the indictment and the state appealed.
x Indictment-. Certainty?ad
The description of the road given in the indictment is not certa^n- ^ is macie the duty of the county courts to divide their several counties into road districts. Mansf. Dig., sec. 5890. This is commonly done by designating a single highway as road…
2Cases cited2 opinions
- State v. Town of NewfaneSupreme Court of Vermont · 1840
- Alexander v. StateSupreme Court of Alabama · 1849
3Cited by3 opinions
- State v. Southern Indiana Gas Co.Indiana Supreme Court · 1907
- State v. BostickSupreme Court of Arkansas · 1993
- State v. JoshawaySupreme Court of Arkansas · 2010