People v. Crounse

The defendant was by indictment charged with having on the 5th day of June, 1835, wickedly, unlawfully, and willfully interfered with and obstructed a public highway in the town of ICnox, in the county of Albany, and thereby causing the water to flow upon such highway, to its injury, and to the prejudice of the rights of the public who were entitled to use the same as a public highway. The prosecution gave evidence at the trial to the effect that in 1885 an embankment existed under the fence adjacent to such *267highway, and upon land occupied by the defendant, but which the evidence shows was…