Legal Opinion
State v. Chismore
Supreme Court of Iowa
Decided October 18, 1918PublishedCited by 1 opinion
Appeal from Linn District Court. — Milo P. Smith, Judge. The defendant, having been convicted upon an indictment charging him with the crime of wilfully and maliciously obstructing and injuring a certain public highway, appeals. The material facts are stated in the opinion.—
1Opinion of the CourtWeaver, J.
The statute which defendant is charged with violating is found in that chapter of the Code treating of “Malicious Mischief and Trespass,” and provides that:
“If any person * * * wilfully obstruct or injure any public road or highway * * he shall be imprisoned in the penitentiary not more than five years, or be fined not exceeding $500.” Code Supplement,' 1913, Section 4807.
The defendant owns land along the course of the highway in question, and the act constituting the alleged offense was the construction of a fence within its boundaries. At the place where the fence was built, if we…
2Cases cited11 opinions
- State v. LightfootSupreme Court of Iowa · 1899
- State v. CarterSupreme Court of Iowa · 1900
- Gray v. HaasSupreme Court of Iowa · 1896
- State v. MitchellSupreme Court of Iowa · 1882
- State v. WelptonSupreme Court of Iowa · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. MorganSupreme Court of Iowa · 1982