McWhorter v. State

Decided July 1, 1875

Texas Supreme Court · decided 1875-07-01

Tried below before the Hon. James H. Rogers. McWhorter was indicted and convicted for obstructing a public road leading from Petty’s ferry to Monterey, in Cass county. • The evidence showed that the road had been used as a public road for about seventeen years; that parts of the road had been to a great extent abandoned, though, owing to the bad condition of a new road which had been established, the travel generally passed over the part of the road obstructed by the…

Good law ✅— No negative treatment on recordhow we know

Decided 1875-07-01

How this case has been cited

Cited by 4 later decisions — most recently March 1962

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gould, Associate Justice.

¶1We are of the opinion that a road may be shown to be public by other evidence than the production of the order of the County Court establish*667ing it as such. While there is some obscurity in parts of the evidence, and it is apparently to some extent conflicting, we think it may well have satisfied the jury that that part of the road obstructed by appellant had long been used as a public road and had been recognized as such by an order of the County Court apportioning hands to work it. If the order of the County Court referred to the road which defendant obstructed, it is not material that the road was not described as it is in the indictment.

¶2The judgment is affirmed.

¶3Affirmed.