Burk v. State

Erazer,' J.

This was an indictment for a public nuisance,' in maintaining a soap-boiling establishment near Indianap*431olis, thereby producing unwholesome smells, to the annoyance of dwellers in the vicinity, &e. There was a conviction. Three questions are presented for our decision:

1. Is our statute making the maintenance of a nuisance a misdemeanor sufficient to justify an indictment therefor ? The statute is as follows: “Every person who shall- erect, or continue and maintain, any public nuisance, to the injury of any part of the citizens of this State, shall be fined,” &c. 2 G. & H. 460.

It is…