
    JONES v. STATE.
    (Court of Criminal Appeals of Texas.
    Jan. 29, 1913.)
    Highways {§ 164*) — Obstruction—Evidence —Sufficiency.
    A conviction of obstructing a public road cannot be sustained, where it appears that tbe obstruction was placed, not in a public road, as created by the commissioners’ court, but on a passageway adjoining tbe road, owned by ae-cused and not shown to have been dedicated to public use.
    [Ed. Note. — For other cases, see Highways, Cent. Dig. §§ 447-455; Dec. Dig. § 164.]
    Appeal from Morris County Court; C. M. Henderson, Judge.
    Jack Jones was convicted of obstructing a public road, and be appeals.
    Reversed and remanded.
    C. E. Lane, Asst. Atty. Gen., for tbe State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was prosecuted and convicted of obstructing a public road. _

As tbe place where tbe obstruction is-sbown to have been placed is conclusively shown by the evidence not to have been in tbe public road as created by tbe commissioners’ court, but on a passageway adjoining tbe road, owned by appellant, and it not being shown that tbe passageway bad been dedicated to public use, the evidence will not sustain a conviction.

Reversed and remanded.  