Opinion
(Filed 8 March, 1911.)
Navigable Streams — Obstruction — Evidence — Burden of Proof.
To maintain an indictment for obstructing a canal, it must be shown that the canal was a navigable stream.
APPEAL by defendant from J. S. Adams, J., at Fall Term, 1910, of TYRRELL.
Attorney-General and George L. Jones for the State.
Aycock Winston and W. M. Bond for defendant.
The defendant was indicted for obstructing (Basnight's) canal. There is no evidence to show that the canal was a public navigable stream, and his Honor erred in submitting the case to the jury.
This renders it unnecessary to consider any of the other exceptions in the record.
Error.