State v. Ramsey

Oct 15, 1882
Reporters:
Before:
Hough
Hough, C. J.

The defendant was convicted of willfully and unlawfully obstructing a public ‍​‌​​‌‌​‌​​​​‌​‌‌​‌‌​‌‌‌​‌​‌​‌‌​​​‌‌​‌​‌​‌‌​‌​‌‌​​​​​‌​‌‌‌​‌‌​​​‌​‌‌‌‌‌​​​​‌‌‌‌‌‌​‌‌‌​​‌‌‌‌​‌‌​​​‍road .in Washington county, and has appealed to this court, but no brief has been filed on his behalf. It appears from the record that ‍​‌​​‌‌​‌​​​​‌​‌‌​‌‌​‌‌‌​‌​‌​‌‌​​​‌‌​‌​‌​‌‌​‌​‌‌​​​​​‌​‌‌‌​‌‌​​​‌​‌‌‌‌‌​​​​‌‌‌‌‌‌​‌‌‌​​‌‌‌‌​‌‌​​​‍the order of the county court establishing the road charged to have been obstructed by the defendant, was introduced in evidence, and that there was ‍​‌​​‌‌​‌​​​​‌​‌‌​‌‌​‌‌‌​‌​‌​‌‌​​​‌‌​‌​‌​‌‌​‌​‌‌​​​​​‌​‌‌‌​‌‌​​​‌​‌‌‌‌‌​​​​‌‌‌‌‌‌​‌‌‌​​‌‌‌‌​‌‌​​​‍testimony tending to show that the same had been used as a public road, and that the defendant had built a fence across it. ‍​‌​​‌‌​‌​​​​‌​‌‌​‌‌​‌‌‌​‌​‌​‌‌​​​‌‌​‌​‌​‌‌​‌​‌‌​​​​​‌​‌‌‌​‌‌​​​‌​‌‌‌‌‌​​​​‌‌‌‌‌‌​‌‌‌​​‌‌‌‌​‌‌​​​‍This testimony is sufficient to support a conviction. R. S., § 6964. The instructions given fairly presented the case to the jury, and we see no ‍​‌​​‌‌​‌​​​​‌​‌‌​‌‌​‌‌‌​‌​‌​‌‌​​​‌‌​‌​‌​‌‌​‌​‌‌​​​​​‌​‌‌‌​‌‌​​​‌​‌‌‌‌‌​​​​‌‌‌‌‌‌​‌‌‌​​‌‌‌‌​‌‌​​​‍reason for disturbing the judgment. The judgment will be affirmed.

The other judges concur.