State v. Nesbitt

KEETON, Chief Justice.

Appellant was charged with the crime of intentionally and unlawfully obstructing a *5public road in violation of Sec. 18-3907, I.C., by placing a large pile of dirt and a tractor therein, with the intent and purpose of obstructing the use of the road. He was tried and by a jury found guilty. Judgment was entered and sentence imposed. Appeal from the judgment was perfected.

The State claims the road obstructed is one acquired by prescription which runs from the vicinity of Emmett to the Third Fork Guard Station in Gem County, approximately five and one-half miles in length,…