McWhorter v. State
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. James H. Rogers. McWhorter was indicted and convicted for obstructing a public road leading from Petty’s ferry to Monterey, in Cass county. • The evidence showed that the road had been used as a public road for about seventeen years; that parts of the road had been to a great extent abandoned, though, owing to the bad condition of a new road which had been established, the travel generally passed over the part of the road…
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Appeal from Cass. Tried below before the Hon. James H. Rogers. McWhorter was indicted and convicted for obstructing a public road leading from Petty’s ferry to Monterey, in Cass county. • The evidence showed that the road had been used as a public road for about seventeen years; that parts of the road had been to a great extent abandoned, though, owing to the bad condition of a new road which had been established, the travel generally passed over the part of the road obstructed by the defendant. An order of the County Court was read, assigning hands to work the road, entered February, 1861,…
1Opinion of the Court
Gould, Associate Justice.
We are of the opinion that a road may be shown to be public by other evidence than the production of the order of the County Court establish*667ing it as such. While there is some obscurity in parts of the evidence, and it is apparently to some extent conflicting, we think it may well have satisfied the jury that that part of the road obstructed by appellant had long been used as a public road and had been recognized as such by an order of the County Court apportioning hands to work it. If the order of the County Court referred to the road which defendant obstructed, it…
2Cited by12 opinions
- Hall v. City of AustinCourt of Appeals of Texas · 1898
- Howard v. StateSupreme Court of Arkansas · 1886
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- Richardson v. StateCourt of Criminal Appeals of Texas · 1928
- Texas & Pacific Railroad v. Kaufman CountyCourt of Appeals of Texas · 1897
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