Legal Opinion

Nichols v. State

Indiana Supreme Court

Decided May 15, 1883No. 10,846PublishedCited by 10 opinions

From the Lake Circuit Court.

1Opinion of the CourtElliott, J.

The information charges appellant with obstructing a public highway, and thus describes it: “A certain public highway, located and situated on the half section line running north and south, through the center of section 11, township 33, range 9, Lake county, Indiana.”

~We deem the description sufficient. It is not necessary for the prosecutor to state the facts which constitute the way a public one; the requirements of the law are complied with by the averment that the way obstructed is a public highway. The term “ public highway” has a fixed and well known signification, and no useful purpose…

2Cases cited3 opinions

  1. People Ex Rel. Williams v. KingmanNew York Court of Appeals · 1862
  2. Sheaff v. People ex rel. ColwellIllinois Supreme Court · 1877
  3. State v. StewartIndiana Supreme Court · 1879

3Cited by10 opinions

  1. Stewart v. SwartzIndiana Court of Appeals · 1914
  2. Discher v. KlappIndiana Court of Appeals · 1954
  3. Bamberger Electric R. v. Public Utilities CommissionUtah Supreme Court · 1922
  4. State v. Baltimore, Ohio & Chicago RailroadIndiana Supreme Court · 1889
  5. Employers' Liability Assurance Corporation, Limited v. Enos Coal CorporationCourt of Appeals for the Seventh Circuit · 1972

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