State v. Miskimmons

This was an indictment charging that the defendant, Miskimmons, on the 2d of February, 1848, at the county of Bartholomew, did unlawfully erect a com*441mon nuisance, by constructing a fence across a certain highway, <fcc.

J. Dumont, for the state. W. Herod, for the defendant.

The Court, on motiop. of the defendant, quashed the indictment.

The only question involved in this case is, whether the offence charged is indictable?

The offence is a public nuisance and indictable at common law. 1 Hawk. P. C. 112. — 4 Blacks. 167. We have a statute which enacts that if any person shall obstruct any public…