Heune v. State

Decided January 17, 1884

Court of Appeals of Texas · decided 1884-01-17

Tried below before the Hon. John C. Stiehl, County Judge. Convicted upon an information charging him with the wilful obstruction of a public road, the appellant was fined in the sum of $10. The State first introduced in evidence the decree of the commissioners’ court of Fayette county, establishing the second-class road thereafter known as the Colorado Biver, Crownover Bend and Cedar Post Office road.

Decided 1884-01-17

White, Presiding Judge.

¶1This appeal is from a judgment of conviction in the county court for wilfully obstructing a public road. We can scarcely credit it that appellant was convicted upon the evidence alone which is disclosed in the record before us. If so, then we do not hesitate to say that there is not a particle of evidence going to establish in law his guilt of the charge for which he has been convicted. (Shubert v. The State, 16 Texas Ct. App., 645.)

¶2The judgment is reversed and the cause remanded for another trial.

¶3Reversed and remolded,

¶4[Opinion delivered January 17, 1884.]