Vajdak v. State

MORROW, Judge.

Appellant was charged by information in two counts, the first count was Under article 826, P. C., containing the following: “If any person shall wilfully obstruct any public ditch or shall wilfully divert .the water from its proper channel he shall be guilty of a misdemeanor.” The allegation is as follows: “Did then and there unlawfully and wilfully obstruct and divert the water from its proper channel, a stream situated and belonging to Burleson County, Texas, by then and there erecting an embankment, or levee, across said natural channel or stream, thereby obstructing the…