Commonwealth v. T. J. Megibben Co.
Court of Appeals of Kentucky
Case 31 — INDICTMENT 1. The conclusion in the indictment that it was to- the common nuisance of all good citizens, and against the peace and dignity of the Commonwealth of Kentucky, is sufficient. Sec. 123, Criminal Code; Smith v. Commonwealth, 6 B. M., 21; Wilson v. Commonwealth, 12 B. M., 4; Bishop’s Crim.
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Case 31 — INDICTMENT 1. The conclusion in the indictment that it was to- the common nuisance of all good citizens, and against the peace and dignity of the Commonwealth of Kentucky, is sufficient. Sec. 123, Criminal Code; Smith v. Commonwealth, 6 B. M., 21; Wilson v. Commonwealth, 12 B. M., 4; Bishop’s Crim. Procedure, vol. 2, secs. 863 and 865; Commonwealth v. Mahon, 2 Smith, Penn., 243; Mains v. The State, 42 Indiana, 327. 2. When any one’ uses his property so as to endanger the lives or health of another then he is guilty of an offense, and when the facts are so alleged as to- show such a…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
This is an appeal from a judgment sustaining a demurrer to an indictment charging appellee with the offense of suffering, keeping and maintaining a nuisance, committed as follows, viz: “The said T. J. Megibben Co., a corporation called the T. J. Megibben Co., on the — day of September, 1895, in the county and State aforesaid, and before the finding' of this indictment and on divers other days theretofore and thereafter to-wit: At least three hundred and sixty-five days, did unlawfully and willfully keep, suffer and maintain a nuisance, to-wit:…
2Cases cited2 opinions
- Commonwealth v. CainCourt of Appeals of Kentucky · 1879
- Tully v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by13 opinions
- Commonwealth v. International Harvester Co.Court of Appeals of Kentucky · 1909
- Ehrlick v. CommonwealthCourt of Appeals of Kentucky · 1907
- Garrison v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Commonwealth v. Phoenix Amusement Co., Inc.Court of Appeals of Kentucky (pre-1976) · 1931
- King v. CommonwealthCourt of Appeals of Kentucky · 1913
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