State v. Weimer

I. The only evidence introduced by the state to prove that the road, for the obstructing of which defendant was indicted, is a lawfully established highway, consists of the commissioners’ road record, a book in the custody of the auditor of'the county, and'an official copy of the original plat of the road. There was evidence tending to show that the road indicated by these records'had been opened, and afterwards obstructed by defendant.

The road record fails to show that the notice required by the statute, Code, § 936) had been given, and there is no recitation or averment therein tending to…