State v. Boll
Supreme Court of Missouri
Appeal from Court of Criminal Correction. I. The defendant is charged with an offense against the statute, and the facts alleged and proved against him are not within the statute. (Wagn. Stat., pp. 505, 506, §§41,42, 43.) II. The statutes having legislated on the whole subject must be taken as having repealed the common law. III. There was not one of the material ingredients of a nuisance shown to exist in this case, and the defendant should have been acquitted.
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Appeal from Court of Criminal Correction. I. The defendant is charged with an offense against the statute, and the facts alleged and proved against him are not within the statute. (Wagn. Stat., pp. 505, 506, §§41,42, 43.) II. The statutes having legislated on the whole subject must be taken as having repealed the common law. III. There was not one of the material ingredients of a nuisance shown to exist in this case, and the defendant should have been acquitted. I. Every nuisance is indictable at common law, and if any manufactory, lawful in itself, is erected in any part of a town, where it…
1Opinion of the CourtHough, Judge
The defendant was found guilty and fined in the St. Louis Court of Criminal Correction, under an information against him, for maintaining a nuisance by keeping and conducting a dairy in the city of St. Louis, .which emitted noxious and offensive exhalations and odors, to the annoyance of the neighborhood and the public. The information concluded, “ contrary to the peace and dignity of the State, and to the form of the. statute in such case made and provided.” A motion was made to quash the information for the reason that the facts charged constituted no offense, which was overruled and…
2Cases cited3 opinions
- State v. ApplingSupreme Court of Missouri · 1857
- State v. BraySupreme Court of Missouri · 1822
- State v. RoseSupreme Court of Missouri · 1862
3Cited by5 opinions
- 1st Avenue Coal & Lumber Co. v. JohnsonSupreme Court of Alabama · 1911
- Bielman v. Chicago, St. Paul & Kansas City Railway Co.Missouri Court of Appeals · 1892
- City of Kansas v. McAleerMissouri Court of Appeals · 1888
- State v. Chicago Great Western RailroadSupreme Court of Iowa · 1914
- State v. Ingram & AdamsMissouri Court of Appeals · 1906