Legal Opinion

State v. . Stewart

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 9 opinions

Indictment for obstructing a road, tried at Spring Term, 1884, of Rowan Superior Court, before' Gilmer, J. The defendant is charged with obstructing “ a certain mill road and church road leading from the Gold Hill road in said county to the Stokes.

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Indictment for obstructing a road, tried at Spring Term, 1884, of Rowan Superior Court, before' Gilmer, J. The defendant is charged with obstructing “ a certain mill road and church road leading from the Gold Hill road in said county to the Stokes. Ferry road in said county for the distance of two miles, said road being a mill and church road leading to and from St. Paul’s church in said county, and to and from Miller’s mill in said county, and used by the public as a mill and church road,” and upon the trial of defendant’s plea of not guilty, the jury rendered a special verdict in this form…

1Opinion of the CourtSmith, C. J.

The indictment is drawn under section 2065 of The Code, which declares that:

“ If any person shall wilfully alter, change or obstruct any highway, cárt-way, mill-road, or road leading to and from any church or other place of public worship, whether the right of way thereto be secured, in the manner herein provided for, or by purchase, donation or otherwise, such person shall be guilty of a misdemeanor, and fined or imprisoned, or both.”

A preceding section (2062) provides for the laying out of roads “ to and from any church or other place of public worship, for altering and discontinuing them…

2Cases cited3 opinions

  1. Boyden v. . AchenbachSupreme Court of North Carolina · 1878
  2. State v. . BraySupreme Court of North Carolina · 1883
  3. Boyden v. . AchenbachSupreme Court of North Carolina · 1882

3Cited by9 opinions

  1. State v. EllisSupreme Court of North Carolina · 1964
  2. Louis Hilliard & Co. v. OutlawSupreme Court of North Carolina · 1885
  3. State v. . HaynieSupreme Court of North Carolina · 1915
  4. State v. . MorrisSupreme Court of North Carolina · 1889
  5. Burroughs v. . BurroughsSupreme Court of North Carolina · 1912

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