State v. Butterworth-Judson Corp.

*269Tlie opinion of tlie court was delivered by

Swayze, J.

The indictment is for maintaining a nuisance

in the town of Kearny in Hudson county, caused by offensive odors produced in buildings there situate. The proof was that the buildings were situate, and the operations producing the odors were carried on, in Newark in Essex county. The variance is fatal. But the question raised reaches deeper than a mere matter of pleading. An indictment for nuisance can only he found in the county in which the act resulting in the nuisance is committed, and not in any county where it may take effect. State v.…