Johnson v. State
Supreme Court of Alabama
[INDICTMENT FOB OBSTRUCTING PUBUC ROAD.] Appeal from the Circuit Court of Dallas. Tried before the Hon. William M. Brooks.
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[INDICTMENT FOB OBSTRUCTING PUBUC ROAD.] Appeal from the Circuit Court of Dallas. Tried before the Hon. William M. Brooks. The indictment in this case was found at the spring term of said circuit court, 1857, and was in these words: “ The grand jury of said county charge, that, before the finding of this indictment, William Johnson did obstruct a certain public road in said county, known as the ‘upper Boguechitto road,’ by a fence, bar, or some other impediment, without leave of the court of county commissioners first had and obtained, against the peace and dignity of the State of Alabama.”…
1Opinion of the CourtStone, J.
The Code furnishes no form for an indictment adapted to the offense for which the defendant in this case was indicted. Nor does any provision of the Code declare what will constitute a sufficient indictment under section 1176. Hence, we must consult general principles, and the general provisions of the Code, in determining the sufficiency of the indictment found in this record.
The statute declares it a punishable offense in every person who obstructs a public road “by a .fence, bar,' or other impediment.” — Code, § 1176. The indictment charges, that the defendant obstructed a public road, “…
2Cases cited2 opinions
- Cochran v. StateSupreme Court of Alabama · 1857
- State v. RaifordSupreme Court of Alabama · 1838
3Cited by20 opinions
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- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Rogers v. StateSupreme Court of Alabama · 1897
- Noble v. StateSupreme Court of Alabama · 1877
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