Commonwealth v. Dicken
Westmoreland County Court of Quarter Sessions
No. 127 October Term 1891, Sup. Ct.; court below, No. 54 February Term 1891, Q. S. On February 5, 1891, the grand jury returned as a true bill an indictment charging J. Charles Dicken with maintaining a public nuisance. The defendant pleaded not guilty.
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No. 127 October Term 1891, Sup. Ct.; court below, No. 54 February Term 1891, Q. S. On February 5, 1891, the grand jury returned as a true bill an indictment charging J. Charles Dicken with maintaining a public nuisance. The defendant pleaded not guilty. At the trial, on February 6, 1891, the commonwealth introduced testimony tending to show that in 1890, the defendant erected a fence and afterwards maintained the same, within the lines of a public highway leading from Greensburg to Latrobe. It was made to appear that, to No. 8 November Term 1875, Q. S., proceedings were had to change or…
1Per curiam
The appellant was indicted and convicted in the court be*456low, for maintaining a nuisance by the obstruction of a public highway. He erected a fence upon what the jury have found to be a part of the public highway. That he did so upon the honest belief that the fence was upon his own ground, is very clear. The trouble probably arises from the fact that the road on the ground, the visibly traveled road, does not conform in all respects to the road as shown upon the plan as returned by the jury appointed to straighten it. His contention may be true, that the supervisor has not followed the plan…
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