State v. Rhodes
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — Hon. C. A. Anthony, Judge. The court erred in permitting the state to read in evidence the record of road number 383, for the reason that it did not terminate with the terminus of the road mentioned in the indictment, the one commencing at Hughes bridge and the other terminating one half mile south and a mile and a half east of that point.
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Appeal from the Atchison Circuit Court. — Hon. C. A. Anthony, Judge. The court erred in permitting the state to read in evidence the record of road number 383, for the reason that it did not terminate with the terminus of the road mentioned in the indictment, the one commencing at Hughes bridge and the other terminating one half mile south and a mile and a half east of that point. While an indictment charging the obstruction of a public highway need not state the termini yet if they are stated the pleader is bound thereby (2Bishops Crim. Proc. [ 3 Ed.] sec. 1051), and for the further reason…
1Opinion of the CourtSmith, P. J.
The defendant was indicted and convicted in the circuit court af Atchison county for the obstruction of a public highway.
The indictment charged that the defendant did obstruct a certain public road leading from what is known as the “Hughes bridge” near and south of the town of Rockport on section line between township 65 and township 64 of range 40 and range 41, known as the section-line road and at or near the southwest quarter of section 33, township 65, and range 40.
At the trial the state over defendant’s objections introduced the record of the county court of Atchison *362county which, showed…
2Cases cited2 opinions
- State v. SmithSupreme Court of Missouri · 1883
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1818
3Cited by4 opinions
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. DempseyMissouri Court of Appeals · 1913
- State v. PullenMissouri Court of Appeals · 1891
- State v. FaithMissouri Court of Appeals · 1914