State v. Auffart

JOHNSON, J. —

The defendant appeals from a conviction in the circuit court of Nodaway county under an information charging him with the obstruction of a public highway. During the progress of the ,trial the parties, with the aid of suggestions from the court, endeavored to reduce the issues to a single question of law and, feeling they had succeeded, agreed that the jury might be discharged and the cause submitted to the court sitting as a trier of the facts. But from the positions assumed by the parties in this court it appears they 'were not as successful in' eliminating controversial facts…