State v. Lee

Mr. Associate Justice Fishburne

delivered the unanimous Opinion of the Court:

This is an appeal from a judgment of conviction for operating and maintaining a common or public nuisance near a public highway in the County of Greenville on December 7, 1942, and days prior thereto.

The indictment contains two counts: Under the first count, the defendants were charged with the commission of the offense under the common law, and the indictment contains averments usual in such cases, namely: “in that they did maintain and operate a place near a ■ public highway where fighting, cursing, shooting, loud…