Opinion · Supreme Court of North Carolina

State v. . Marble

26 N.C. 318

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1844-06-05
Topic
general

Nash, J. The first instruction, given by the Court, is in answer to an objection made by the defendant’s counsel “that the defendant could not be convicted, because the road had not been legally laid out or established as a public road,” either by the act of the Legislature, as in the case of Rail *320 roads, or by the County Court, or by a dedication of it by the individual owning the land over which it runs. The judge instructed the jury, that,, if they believed the road had ^eejl use¿[ for twenty years and upwards, as a public road,, as testified by the witnesses, a legal allotment or setting apart of the road to the public would be presumed. This instruction is, we think, erroneous in two particulars. If it was-the meaning of the Court to inform the jury, that, where a road is established by a dedication of it to the use of the public, twenty years user of it by the public was necessary to constitute it a public road, we think he erred.

Citator

UpLaw has not yet analyzed State v. . Marble. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions