Legal Opinion

State v. Morgan

Mississippi Supreme Court

Decided October 15, 1901PublishedCited by 6 opinions

RrC>m the circuit court of, second district, Carroll county. HoN. William R. Stevehs, Judge. Morgan, appellee, was prosecuted for obstructing a public road, was convicted in the justice’s court, but the case on appeal was decided in his favor in the circuit court, and the state appealed to the supreme court. The facts are fully stated in the opinion of the court.

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RrC>m the circuit court of, second district, Carroll county. HoN. William R. Stevehs, Judge. Morgan, appellee, was prosecuted for obstructing a public road, was convicted in the justice’s court, but the case on appeal was decided in his favor in the circuit court, and the state appealed to the supreme court. The facts are fully stated in the opinion of the court. Code 1892, § 1145, upon which the prosecution was based, is as follows: “1145 (2871). The Same; CuttiNG Trees Tnto or ObstructiNG Road or Stream. — If any person shall fell any bush or tree into any public highway, or obstruct the…

1Opinion of the CourtTerral, J.

The appellee was prosecuted upon a criminal charge before a justice of the peace of Oarroll county, made in the following words:

“State oe Mississippi, Carroll CouNty: Before me, John C. Oalhoon, a justice of the peace of the county aforesaid, Henry Bullock makes oath that on the 10th of September, 1901, R. M. Morgan obstructed the public highway known as the ‘Midway and Blackmonton public road,’ by felling bushes and trees across said road, and did not immediately remove the same, against public interest, and against the statute provided.
“Henry Bulloce.
“Sworn to and subscribed before me this…

2Cited by6 opinions

  1. Brandau v. StateMississippi Supreme Court · 1995
  2. Clingan v. StateMississippi Supreme Court · 1924
  3. Rylee v. StateMississippi Supreme Court · 1913
  4. Sartain v. City of Water ValleyMississippi Supreme Court · 1988
  5. Miller v. StateMississippi Supreme Court · 1902

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