20 So. 2d 911 | Fla. | 1945
Appellant and 98 others were informed against for the violation of Sec.
"Whoever obstructs any public road or established highway by fencing across or into the same, or by willfully causing any obstruction in or to such road or highway, or any part thereof, shall be punished . . ."
The first count charged a conspiracy to willfully obstruct a public road. The second count charged that they did willfully obstruct a public highway. It is alleged that the obstruction was effectuated by parking busses therein. The highway obstructed is Flagler Street and Northwest Miami Court, which are streets in the City of Miami.
Appellant comes here by way of an appeal from an adverse judgment rendered in habeas corpus.
The first question is whether Sec.
" . . . That holding rests upon the reason that the streets of a municipality, in appropriate instances, and for purposes of maintenance, may constitute public roads of the county of which the municipality is a component part. All streets are highways, but all highways are not necessarily streets."
The second question is whether Sec.
Finding no error the judgment is affirmed.
CHAPMAN, C. J., TERRELL and BUFORD, JJ., concur.