State v. Morgan

Citations

• 79 Miss. 659

Syllabus

<p>1. Boaed op-Supervisors. Highways. Jurisdiction. Code 1880, §832. Code 1892, §3892.</p> <p>The record of proceedings of the hoard of supervisors purporting to establish a public road, under code 1880, § 823, code 1892, § 3892, providing for such proceedings, is void if it fail to show the jurisdictional facts. Craft v. De Soto County, ante, 618.</p> <p>2. Same. Case. Obstruction. Code 1892, § 1145.</p> <p>Where the petition for the establishment of a public road, and the entire record of the board of supervisors thereon failed to show that ten of the petitioners were freeholders or householders of the county, as required by the statute, and did not show that the commissioners appointed to lay out the road were such freeholders or householders, the proceeding was void, and the road claimed to have been established thereunder was not a public road, and the obstruction of such a road is not a crime within code 1892, § 1145, making it a misdemeanor to obstruct a highway.</p> <p>3. Criminal Procedure. Constitution 1890, see. 169.</p> <p>An affidavit charging'crime, to give validity to the prosecution, must, as required by the constitution of 1890, sec. 169, conclude against the peace and dignity of the state.</p>