Emily Hardy and Hiram K. Myers, Appellants v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' judgment acquitting Emily Hardy and Hiram Myers, holding that the State failed to prove beyond a reasonable doubt that the defendants disobeyed a reasonable order to prevent an actual or immediately possible obstruction of a highway under Tex. Penal Code §42.03(a)(2)(A). The Court reasoned that the order to move was directed at the bar ditch, not the roadway, and that no actual obstruction occurred, so the statutory elements were not satisfied. A dissent argued that the evidence did show a potential obstruction and that the order was reasonable. The decision was issued on April 22, 2009.