State v. Pascagoula Veneer Co.

ETHRIDGE, Chief Justice.

Pascagoula Veneer Company, appellee, was indicted in the Circuit Court of Jackson County for unlawfully polluting the outdoor atmosphere in the area of its plant by the discharge of dust, smoke and fumes. The indictment was based upon the Mississippi Air and Water Pollution Control Act of 1966. Miss.Code 1942 Ann. §§ 7106-111 to 7106-136 (Supp.1968). At the close of the State’s evidence, the circuit court gave a directed verdict for defendant, from which the State appeals. We affirm.

Code section 7106-118 (a) of the Air and Water Pollution Control Act provides:

It shall…