Phipps v. State

Dewey J.

—At the May term, 1844, of the Laun'ence Circuit Court, an indictment was found against Phipps, the plaintiff in error, charging him with having, on the first day of June, 1843, obstructed a certain public highway, at a particular place in the county of Lawrence, by erecting a fence across it; and also with having continued the obstruction. Plea, not guilty; trial by the Court by consent; finding and judgment against the defendant.

It appeared in' evidence that, in 1818, the highway named in the indictment was located and established by the board of commissioners of Lawrence county;…