West v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Eowe, Judge. Instruction No. 4 was abstract, and hence erroneous. 14 Ark. 530; 31 Ark. 684; 31 Ark. 580. Instruction No. 3 asked by appellant should have been given. 2 Whart. Or. Law (10th ed.), 1425; 2 Greenleaf, Ev., § 413.
1Opinion of the CourtBunn, C. J.
This is an indictment against the defendant, W. D. West, in the Greenwood district circuit court of Sebastian county, for creating and maintaining a nuisance, which, omitting formal parts, reads as follows, to-wit:
“The said defendant in the county and district aforesaid, on the 1st day of June, 1902, wilfully and feloniously did create, commit and maintain a public nuisance by building and maintaining a pond in and about the town of Lavaca, where is [are] drained and retained the washings and filth from a part of said town, endangering the health and to the detriment and annoyance of the…
2Cited by2 opinions
- Blumenstiel v. StateSupreme Court of Arkansas · 1921
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912