Savannah, Florida & Western Railway Co. v. State

Citations

• 23 Fla. 579

Syllabus

<p>1. The statute of this State to prevent the obstruction of highways changes the common law by requiring that the obstruction should be wiliul to render it indictable.</p> <p>#. The word wilful in statutes like this implies legal malice, evil intent, or the absence of reasonable ground for the accused to believe that the act charged was lawful.</p> <p>.8. An indictment which charges that a highway has been “unnecessarily and unreasonably obstructed,” omitting to charge that it was wilfully done, is insufficient in this State.</p>