STATE v. NESBITT

No. 8458.

310 P.2d 787 (1957)

STATE of Idaho, Plaintiff-Respondent, v. Homer NESBITT, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied May 20, 1957.


Attorney(s) appearing for the Case

C. H. Higer, Emmett, Donart & Donart, Weiser, Norris & Welch, Payette, for appellant.

Graydon W. Smith, Atty. Gen., John R. Smead, Asst. Atty. Gen., Louie Gorrono, Pros. Atty., Emmett, for respondent.


KEETON, Chief Justice.

Appellant was charged with the crime of intentionally and unlawfully obstructing a public road in violation of Sec. 18-3907, I.C., by placing a large pile of dirt and a tractor therein, with the intent and purpose of obstructing the use of the road. He was tried and by a jury found guilty. Judgment was entered and sentence imposed. Appeal from the judgment was perfected.

The State claims the road obstructed is one acquired by prescription...

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