State v. Sneed
State v. Sneed
Opinion of the Court
delivered the opinion of the court.
At the June term, 1885, of the common law and chancery court of Madison county, the defendant was indicted for committing §, nuisance. The indictment was quashed and the State hás appealed.
The indictment charges that defendant, “on' June 15, 1884, and divers days and times from then until the finding of the indictment, in the county of Madison, did unlawfully, in the near neighborhood of divers public streets, where divers persons are constantly passing and repassing, and of divers dwelling-houses, inhab* ited and occupied by divers other citizens, keep and maintain and carry on a certain slaughter-house, for the slaughter of cattle, in such a manner that foul, noisome and offensive odors, smells and stenches, were, emitted, etc., and permitted, then and there, offal, entrails, etc., of said cattle, and other filthy and offensive substances, to remain, etc., to the common nuisance and annoyance,” etc.
The indictment was quashed for want of a sufficiently specific designation of the place of the alleged nuisance. The place is charged to be in Madison county, in the near neighborhood of divers public streets.
In Cornell v. State, the indictment charged Cornell with causing and suffering offal, filth, etc., to be collected and remain “on Commerce street, in the city
We think the offense and venue are sufficiently set out in the indictment, and that the judgment of the court below, in quashing the indictment/ was erroneous, and the same will be reversed and the cause remanded for further proceedings.
Reference
- Full Case Name
- State v. E. D. Sneed
- Status
- Published