State v. Ingram & Adams
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — No». J. C. Sheppard, Judge. Statement. — -Defendants were informed against in the circuit court by the prosecuting attorney for maintaining a public nuisance in Ripley county.
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Appeal from Ripley Circuit Court. — No». J. C. Sheppard, Judge. Statement. — -Defendants were informed against in the circuit court by the prosecuting attorney for maintaining a public nuisance in Ripley county. The charging part of the information is as follows: Said defendants “did then and there unlawfully commit and maintain a public nuisance, at a certain place and building situated south of the St. Louis, Iron Mountain & Southern Railway Company’s depot at and near the city of Doniphan, in said Ripley county, said place and building being commonly known as the Showman & Nance saloon…
1Opinion of the CourtNortoni, J.
(after stating the facts) . — The statute on which the information is predicated, is as follows:
“Every person who shall erect or maintain any public nuisance not specified in the four next preceding sections, to the annoyance or injury of any portion of the inhabitants of this State, shall be deemed guilty of a misdemeanor.” [Sec. 2239, R. S. 1899.]
It will be observed that one of the elements of the offense of maintaining a public nuisance as defined in this section is, that it be maintained “to the annoyance or injury of any portion of the inhabitants of this State,” and the pleader properly…
2Cases cited4 opinions
- Austin v. StateSupreme Court of Missouri · 1847
- State v. BixmanSupreme Court of Missouri · 1901
- Barnett v. Pemiscot County CourtMissouri Court of Appeals · 1905
- State v. BollSupreme Court of Missouri · 1875