Whitaker

The appellant was convicted of obstructing a public highway, and sentenced to imprisonment in the county jail for the period of three months. He now appeals from the judgment and order denying his motion for a new trial. Hone of the counsel in their briefs have been kind enough to specify the par- t *598 icular provisions of the law under which this prosecution has heen conducted; and it is only after considerable labor and inconvenience that we find certain provisions of the Political Code which appear to be applicable to the offense charged in this information. For the purpose of proving a public highway the prosecution introduced in evidence certain records of the board of supervisors. The prior proceedings before the board culminated in a majority report of the viewers of the proposed road, wherein it is said: “The undersigned appointed by your honorable body to view and locate a public road, commencing at the one-quarter section corner, between sections 7 and 18, township 16 south, range 25 east, Mount Diablo base and meridian, running thence to Drum valley, respectfully report that we commenced to view and survey on the eighth day of April, 1878, from Drum valley; the course…