Houston v. People

This was an indictment for obstructing a public highway in the county of Mason, in this State, running from the town of Bath, in said county, to the town of Chandlerville, in the county of Cass, in this State.

On the trial the court gave the following instruction to the jury:

“ The jury are instructed that they are only to inquire into the title of the public to that part of the road in controversy which is charged to have been obstructed; conditioned that the jury believe, from the evidence, that it is part of a road running from Bath to Chandlerville, as charged in the indictment.”

This…