Clark v. State

The state in this case does not insist that the road alleged to have been obstructed was ever established by order of the commissioners’ court or other legally constituted body acting for the public, but relies for a conviction on the claim that the road, admittedly obstructed by this defendant, had become a public road within the meaning of section 1397 (145), Code 1928, by prescription.

Not only is there no evidence tending to prove action on the part of the road authorities 1 regarding the road in question, but the evidence is direct and undisputed that the road commissioners never assumed…