State v. Hill

Information for obstructing a public highway. Plea, not guilty; and verdict of acquittal. The state appeals upon a reserved case.

Upon the trial, it was, among other things, proved that the highway charged to have been obstructed, had not been laid out and established, in any mode prescribed by law.

And the evidence being closed, the counsel for the state moved to instruct as follows:

“ If the jury believe that the road in question had been used and traveled by the public, and worked by competent authority for a series of years, say from ten to fifteen years next before the alleged obstruction,…