40 Iowa 131 | Iowa | 1874
Upon the trial defendant offered to prove that the road,' the obstructing of which is charged in the indictment, had never been used by the public, and that on account of natural impediments at the points where the alleged
The obstruction of a highway is punishable by indictment. The act is forbidden by law, because the public will thereby
The road in question was established by legal proceedings; the public • acquired thereby the right to use the road for a highway and nothing more. If it cannot be used for that purpose the public acquired nothing of which they have been ■deprived by defendant. Why punish him?
Another thought leads to the same conclusion. Something more than the mere right to use land for the purpose of travel
The evidence excluded ought to have been admitted.
Keversed.