Matthews v. State
Ohio Supreme Court
Error to tbe Court of Common Pleas of Ashland county. Tbe plaintiffs in error were indicted below for obstructing ;a public highway.
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Error to tbe Court of Common Pleas of Ashland county. Tbe plaintiffs in error were indicted below for obstructing ;a public highway. Leaving out tbe formal parts of the Indictment, tbe charge is as follows: “That Chester C. Matthews and Benjamin Buzzard, late of said county, on the thirtieth day of November, in the year of our Lord one thousand eight hundred and sixty-nine, and from that daj until the commencement of proceedings herein — to wit, on the twenty-eighth day of March, A. d. 1870 — with force and arms, at Jackson township, in said county of Ashland and State of Ohio, knowingly and…
1Opinion of the CourtGilmore, J.
The defendants below were indicted under-section 2 of the act of May 1, .1857 (S. & C. 880), entitled “ an act in addition to the acts now in force to prevent nuisances.” This section, among other things,, provides that “ the obstructing or incumbering by fences, buildings, structures, or otherwise, any of the public highways, or streets or alleys of any city or village, shall be deemed nuisances; and every person or persons guilty of erecting, continuing, using, or maintaining or causing any such nuisance, shall be guilty of a violation of this act.”
Section 3 of the act is as follows: “ All…
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