Allen v. State
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Samuel Dodge. The tallow factory in question was “ two or three miles west of Galveston,” according to the statement of facts; and was directly on the line of the Galveston, Houston and Henderson Railroad. Many witnesses were called on each' side. Their olfactories did not agree very well.
1Opinion of the CourtOgden, J.
The indictment in this case is, in many respects, uncertain and indefinite, and to some extent obnoxious to the exceptions filed by the defendants. Yet we think there are acts charged against the defendants sufficient to constitute a misdemeanor under the statute, .according to the plain import and construction of article 2034, Paschal’s Digest, and the evident and manifest intention of the Legislature that passed the act. That article declares that if any person “ shall do any act or thing that *232would be deemed and held to be a nuisance at common law, he shall be guilty of a misdemeanor.”…
2Cases cited1 opinion
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