State v. . Smith
Supreme Court of North Carolina
INDICTMENT for obstructing a public road, tried before MacRae, J., and a jury, at Spring Term, 1887, of Burke Superior Court. The indictment charged the defendant with unlawfully and wilfully obstructing a public road, “in Burke County, leading from the Shelby road to the Laurel road.” The State put in evidence the record of certain proceedings had before the County Commissioners, to show that the road charged in the indictment had been laid off and opened as a public road.
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INDICTMENT for obstructing a public road, tried before MacRae, J., and a jury, at Spring Term, 1887, of Burke Superior Court. The indictment charged the defendant with unlawfully and wilfully obstructing a public road, “in Burke County, leading from the Shelby road to the Laurel road.” The State put in evidence the record of certain proceedings had before the County Commissioners, to show that the road charged in the indictment had been laid off and opened as a public road. The order for laying off the road, described it as “ commencing on the Shelby road, running via Huffman’s mill, through…
1Opinion of the CourtMekrimoN, J.
The statute (The Code, § 2014), confers upon the Board of County Commissioners “ full power and authority within their respective counties * * * * to order the laying out of public roads when necessary,” and it further prescribes (The Code, §§ 2038, 2039, 2040), in what case, and when and how, such - roads shall be laid out and established.
Although the proceedings of tire County Commissioners, in respect to the road in question, are not, in all respects, regular, we are, nevertheless, of the opinion that they were sufficient to- establish a public highway, that the defendant and all other…
2Cases cited1 opinion
- State v. . DavisSupreme Court of North Carolina · 1873
3Cited by11 opinions
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. . AdamsSupreme Court of North Carolina · 1938
- State v. . EastmanSupreme Court of North Carolina · 1891
- State v. JoyceSupreme Court of North Carolina · 1897
- State v. Southern Indiana Gas Co.Indiana Supreme Court · 1907
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