29 Del. 179 | New York Court of General Session of the Peace | 1916
charging the jury.
John Fred Brown, the defendant is charged in this case with obstructing a public road in this county leading from Horsey’s Cross Road to Hill’s Comer. The defendant admits that he did obstruct the road as alleged in the indictment, but he claims that it was not a public road but a private road or way, and that he had the right to put the obstructions on the road. So the sole question for you to decide is was the road a public or private one.
If you find the road was a public road, then your verdict should be guilty. If you are convinced from the testimony that the road was a private one, that the road had not been dedicated to public use, then your verdict should be not guilty.
Verdict, guilty.