#### STATE v. CEDAR WORKS.

(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.

Ay code & Winston and W. M. Bond for defendant.

Per Curiam.

Tbe defendant was indicted for obstructing Basnight’s canal. There is no evidence to show that tbe canal was a .public navigable stream, and bis Honor erred in submitting tbe case to tbe jury.

This renders it unnecessary to consider any of tbe other exceptions in tbe record.

Error.