108 Ky. 151 | Ky. Ct. App. | 1900
Opinion oe ti-ie court by
-Aeitbming.
The indictment charges the city of Newport with unlawfully suffering- and permitting its employe and garbage -contractor to put large quantities of filth and other offensive matter — as dead animals, decayed vegetable matter and garbage1 — upon a vacant lot, a portion of which is in the corporate limits of the city of Newport, the lot
The court was of the opinion that it was necessary that the jury should view the lot upon which it was charged the offense was committed. Thereupon the jury was ordered to be conducted in a body, in the custody of the proper officer, to that place. The judge did not accompany the jury, and it is urged that a new trial should be granted on that account. Section 236, Cr. Code Prac., reads as follows: “When, in the opinion of the court, it is necessary that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may 'order the. jury to be conducted in a body, in the custody of proper officers, and accompanied by the judge, prisoner, and counsel for each side, to the place, which must be shown to them by
It is urged that the court erred in not permitting the city to introduce as evidence an ordinance providing a punishment for maintaining a nuisance in the city. We are unable to see what bearing that has upon the question. Here the city is charged with the offense of suffering and permitting a nuisance. The mere fact that a citizen might be punished for creating one will not exonerate the city for permitting and suffering one to exist. We are of the opinion that no error occurred at the trial which prejudiced the substantial rights of the city; therefore the judgment is affirmed.