
    
      Smith, Scott, Leigh, Brown, Duncan, JUDGES PRESENT. Fry, Clopton, Baker, Wilson, Johnston, Gholson, M’ Comas, Taliaferro, Scarburg.
    
    The Commonwealth v. Howard.
    December, 1844.
    Indictments—Overseer of Road—Allegations.—In an indictment against an overseer of a public road for failing to keep it in repair, it is not necessary to allege that the county court had not, by an order entered of record, authorized a less width than thirty feet.
    This was a case adjourned from the superior court of Harrison county. At the October term of that court for 1844, the grand jury found an indictment against Samuel Howard, an overseer of a public road in the county, for not keeping the same well cleared and smoothed, and thirty feet wide.
    The defendant appeared and moved the court to quash the indictment, “because it was not alleged therein that the county court had not, by order entered of record, authorized a less width than thirty feet.” And with the consent of the defendant, the court adjourned to the general court the question, What judgment the court ought to render on the said motion to quash?
   *SMITH, J.,

delivered the resolution of the court.

Ordered that it be certified to the circuit superior court of law and chancery for the county of Harrison, that the motion to quash the indictment for the cause stated be overruled.  