State v. Mitchell

BeaNno.nt, Judge: ✓

Mitchell was fined by the circuit court of Braxton County and brings his case to this Court. The indictment charges that he “did knowingly, willfully, and unlawfully throw and cause to be thrown into a certain brook and branch of running water (describing the brook or branch), the said brouk and branch then and there being used for domestic purposes, putrid, nauseous, and offensive substance, to wit, sawdust, and the offal and refuse from a certain sawmill, and other putrid, nauseous, and offensive substance.” Should the demurrer to the indictment have been sustained? Does…