Beverly v. State

SAMFORD, Judge.

The indictment returned by the Grand Jury charged the defendant with obstructing a certain public road. The case was tried by the Judge without a Jury, and,' therefore, his findings on the evidence must be given the same consideration as the verdict of a Jury with all of the presumptions in favor of his findings.

The road charged to have been obstructed was not a part of the regular public road system of the State. It had not been surveyed and established either by the State authorities or by the Court of County Commissioners, but the contention is that it had been in constant…