Appellant was prosecuted and convicted of obstructing a public road.

As the place where the obstruction is shown to have been placed is conclusively shown by the evidence not to have been in the public road as created by the Commissioners’ Court, but on a passage way adjoining the road, owned by appellant, and it not being shown that the passage way had been dedicated to public use, the evidence will not sustain a conviction.

Reversed and remanded.