Houston v. People

Citations

• 63 Ill. 185

Syllabus

<p>1. Indictment fob obstructing a highway—description. In a prosecution under an indictment charging the defendant with obstructing a public highway, if a local description sufficient to identify and fix the precise point of obstruction is given, as well as the termini of the road, the latter may be disregarded, and proof of the existence of a road at the place of obstruction is sufficient.</p> <p>2. But where the allegation is general, charging the obstruction of a road leading from one place to another, the existence of the road between the points named must be proved as a matter of essential description.</p> <p>3. Same—proof of existence of the road as a public highway. In such a prosecution, where user was relied on to establish the existence of the road as a public highway, the court would not permit to be answered certain questions put to the witnesses on the trial, by the defense, which were calculated to elicit evidence that the road had been changed; that there were different lines of travel; that the travel was not confined to one track; that the proper road authorities did not exercise control over or repair the road,' and that there was express denial, on the part of the owner of the land, of right in the public to the use of the road: Held, that this was pertinent testimony as tending to show there was, not a continuous and uninterrupted use of a definite line of travel, and a want of recognition of it by the proper authorities, and acquiescence by the owner of the land, which should have been admitted to be considered and weighed by the jury, in connection with all the other testimony in the case in regard to the use of the road, in order to determine the fact as to its existence as a public highway.</p>