Sloan v. State

This was a proceeding against Sloan, before a magistrate, for nuisance..

On the trial, he was found guilty and fined three dollars. Sloan appealed to the Court of Common Pleas; trial by jury, and fine five dollars. Sloan appeals to this Court.

The errors assigned will be examined in their order.

1. The Court erred in giving the instructions to the jury as asked by the State. The instruction here excepted to is in these words, so far as it is material to the point of objection, viz.: “If the jury believe, from the testimony, that the defendant did in, &c., pour out of *313the Bates House spouts, by…