
    United States v. Emery.
    The road from Georgetown, D. C., to the Little Balls Bridge, is not a public highway, because the location thereof was not recorded among the records of the Territory of Columbia.
    This was an indictment for obstructing the highway between Georgetown, District of Columbia, and the Little Falls Bridge, by-blasting rocks, &c.
    
      Mr. C. Cox, for the defendant,
    contended that, as the location of the road had never been “ recorded among the records of the Territory of Columbia,” as required by the Maryland Act of 1795, c. 44, <§> 2, it was not a public highway, and therefore the indictment could not be sustained.
   And so the Court instructed the jury.

(Thruston, J., absent.)

See the case of Conrad Schwarz, in this Court, at May term, 1831, ante, 160.  