State v. McElroy
State v. McElroy
Opinion of the Court
delivered the opinion of the Court.
The presentment describes a road leading from Fay-etteville to Elkton, which forks at the widow Timmon’s plantation, from whence there is a road leading to Pulaski; and charges that the defendant, having been duly “appointed by the County Court of Lincoln county aforesaid as overseer of roads,” was bound, within thirty days after his appointment, “to cause to be set up and kept in repair, at the forks aforesaid, a post or posts, with arms pointing the way of each of said roads, directing to the most public places, with the number of miles from that place,” &c., and “yet he has not done it, to the great damage and common nuisance of all the good citizens of said State,” &c.
On motion of the defendant, the Circuit Court at Fayetteville, in which it had been made, quashed the presentment, and the State through the District Attorney, appealed.
Notwithstanding the innovations made by the Code, sections 5114, 5152, on many of the ancient and well established forms of criminal pleading, and the ease of State v. Vance, 1 Tenn. R., 480, 482, (top page,) to which, the editor has appended a note, this presentment ¿an not be sustained for the reason that it describes an offense unknown to the laws of this State. The Code, section 1182, defines what are public roads, and in section 1183, sub-section 9, authorizes the County Courts “to appoint annually overseers of roads,” but makes no provision for the appointment of such a State or county officer as “overseer of roads.” Section. 1198 provides
Affirm the judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.