State v. Rodman

• Decision Date: 13 June 1910
• Citation: 68 S.E. 343,86 S.C. 154
• Parties: STATE v. RODMAN.
• Court: South Carolina Supreme Court

68 S.E. 343
86 S.C. 154

STATE
v.
RODMAN.

Supreme Court of South Carolina

June 13, 1910.

1. Indictment and Information (J 159*)— Obstruction of Highway—Indictment— Amendment.

Cr. Code 1902, § 56, makes indictments sufficient which, in addition to allegations as to time and place, now required, charge the crime substantially in the language of the common law or statute, or so plainly that the nature of the offense may be easily understood. Section 58 permits amendment before trial in case of a defect in form and amendments for variance between allegations and proof, if the amendment does not change the nature of the offense. The indictment in a prosecution for obstructing a public highway alleged that accused unlawfully closed up and obstructed a certain highway and public road leading from the [public highway by the] plantation of R. into the main public road from a certain church to another place, the bracketed words having been added by amendment after the state had closed. Held, that the amendment was properly allowed, since it was merely a detailed description of the offense, and the amended indictment charged the same offense as the original.

[Ed. Note.—For other cases, see Indictment and Information, Cent. Dig. §§ 505-514; Dec. Dig. § 159.^*]

[68 S.E. 344]

344

2. Indictment and Information (§ 133^2-*)— Objections—Mode of Objections.

The defect was apparent upon the face of the original indictment so that any objection thereto should have been taken by demurrer or motion to quash before the jury was sworn; Cr. Code 1902, § 57, requiring every objection to any indictment for any defect apparent on its face to be taken by demurrer or on motion to quash before the jury shall be sworn.

[Ed. Note.—For other cases, see Indictment and Information, Cent. Dig. §§ 454-468; Dec. Dig. § 133.*]

3. Highways (§ 164*)—Evidence—Obstruction—Prosecution—Jury Question—Dedication of Highway.

In a prosecution for obstructing an alleged pub]ic highway over uninclosed wood land belonging to defendant, evidence held to make it a jury question whether the public had acquired a right of way through defendant's land by continuous and adverse user for 20 years.

[Ed. Note.—For other cases, see Highways, Cent. Dig. § 453; Dec. Dig. § 164.*]

4. Highways (§ 7*)—Establishment—Prescription—Adverse User—Necessity.

A prescriptive right arises in favor of the public after the continuous use of a way for 20 years if it runs through cultivated land, but it must also be shown that the user was adverse to the owner if the way is over uninclosed wood land.

[Ed. Note.—For other cases, see Highways, Cent. Dig. §§ 10-18; Dec. Dig. § 7.*]

5. Highways (§ 17*)—Establishment—Adverse Possession—Evidence.

Where the same person owns both arable and wood land, that the public has acquired a prescriptive right over the cultivated land as a public highway is a circumstance to be considered by the jury in determining whether the use of the way over the wood land was adverse so as to make it a public highway by prescription.

[Ed. Note.—For other cases, see Highways, Cent. Dig. § 24; Dec. Dig. § 17.*]

6. Highways (§ 164*)—Offenses—Prosecution—Admission of Evidence.

In a prosecution for obstructing a highway, in which it was claimed that the road obstructed had never been established as a public highway, a question whether the road, if open, would be of use to any one except persons of a certain farm and as to which road it would be best for such persons to take, was properly excluded; it being immaterial which road was the most convenient if the road obstructed was a public highway.

[Ed. Note.—For other cases, see Highways, Cent. Dig. § 451; Dec. Dig. § 164.*]

Appeal from General Sessions Circuit Court of Chester County; Ernest Moore, Special Judge.

John Rodman was convicted of obstructing a public highway, and he appeals. Affirmed.

Gaston & Hamilton, for appellant.

J. K. Henry, Sol., for the State,

GARY, A. J. This is an appeal from the sentence imposed upon the defendant for obstructing a public highway. The indictment under which the defendant was tried charged that he did willfully and unlawfully close up and obstruct a certain highway and public road, leading from the (public highway by the) plantation of James F. Reid into the main public road from Fishing Creek Church, to market at Smith's Turnout. The record contains the...