Appellant was prosecuted and convicted of obstructing a public road. _

As tbe place where tbe obstruction is-sbown to have been placed is conclusively shown by the evidence not to have been in tbe public road as created by tbe commissioners’ court, but on a passageway adjoining tbe road, owned by appellant, and it not being shown that tbe passageway bad been dedicated to public use, the evidence will not sustain a conviction.

Reversed and remanded.