State v. Poyner.

The defendants were indicted for erecting and maintaining a public nuisance, in that they “did erect, place and put in” Wills Island Lead, a common highway, certain piles and posts and unlawfully and wilfully doth continue said obstructions and impediments, etc.” There was evidence tending to show that “Wills Island Lead” is a water-way extending from one end to the other of Curri-tuck Sound. That it was navigable and used by the citizens for hunting and fishing. There was also evidence that the stakes and obstructions placed in said water-way have remained there until the trial of this…