Sharp v. State, 8 Div. 573.

• Decision Date: 14 June 1932
• Docket Number: 8 Div. 573.
• Citation: 142 So. 683,25 Ala.App. 173
• Parties: SHARP v. STATE.
• Court: Alabama Court of Appeals

142 So. 683

25 Ala.App. 173

SHARP v. STATE.

8 Div. 573.

Court of Appeals of Alabama

June 14, 1932

Appeal from Morgan County Court; W. T. Lowe, Judge.

Ivey Sharp was convicted of obstructing a public road, and he appeals.

Affirmed.

J. N. Powell, of Hartselle, for appellant.

Thos. E. Knight, Jr., Atty. Gen., for the State.

SAMFORD, J.

The prosecution in this case was brought under section 1397 (145) of the Code of 1928.

The only controverted fact was whether the road in question had become public, by prescription; i. e., had it been used by the public as a road, openly, notoriously, and adversely, for a period of twenty years prior to the date of its obstruction by the defendant. If the road had been used continuously and without objection for twenty years prior to its obstruction by this defendant, it was a public road within the meaning of the statute above cited. Card v. Cunningham, 199 Ala. 222, 74 So. 335; Central of Georgia Ry. Co. v. Faulkner, 217 Ala. 82, 114 So. 686.

There were many objections and exceptions made and reserved during the taking of testimony. The rulings of the court in this regard were either free from error or were harmless to defendant.

The judgment is affirmed.

Affirmed.