Patton v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. PlTTM-AN, Judge. ■ 1. The indictment fails to allege in wbat’‘district the road ■was, its terminal points, or in what part of the county it is. It attempts to charge two offenses in one count, obstructing and procuring obstructions put in it.
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APPEAL from Washington Circuit Court. J. M. PlTTM-AN, Judge. ■ 1. The indictment fails to allege in wbat’‘district the road ■was, its terminal points, or in what part of the county it is. It attempts to charge two offenses in one count, obstructing and procuring obstructions put in it. It fails to charge-that the obstructions-were a nuisance,-or annoyance to-the public» 29 Ark., 58; 13 Id., 405. 2. The'public Could not-abandon a road regularly laid; out because a trespasser-had fenced it up, and acquire a right in the lands of an adjacent owner, and especially so when the-owner had-no…
1Opinion of the CourtBattle, J.
The appellant was indicted in the Washington circuit • court for obstructing a public road. It is-, charged in the indictment that appellant, in the co.unty of Washington-and State of Arkansas, on the 10th of April,. 1886, “unlawfully obstructed the Fayetteville and War Eagles road by then and there, placing and causing .to b.e placed in. said, road a d.itch.and a fence, said road being then and there-.a public highway in said county.” <¡
The parties, by consent, waived a jury and submitted the-law and facts to the court. On the trial it was proven that many years ago the road leaving the…
2Cases cited1 opinion
- Cleaveland v. WareMassachusetts Supreme Judicial Court · 1868
3Cited by21 opinions
- Neyland v. HunterSupreme Court of Arkansas · 1984
- McLain v. KeelSupreme Court of Arkansas · 1918
- Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
- Ayers v. StateSupreme Court of Arkansas · 1894
- Buffalo River Conservation & Recreation Council v. National Park ServiceCourt of Appeals for the Eighth Circuit · 1977
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