174 Ind. 588 | Ind. | 1910
Appellant was convicted before a justice of the peace on an affidavit charging him with maintaining a nuisance, by blasting stone in his stone-quarry, thereby casting rock upon the surrounding properties and highways. He appealed to the court below, where he was again convicted.
While the affidavit is not a model, it is not so ambiguous, uncertain and indefinite as to be insufficient on a motion to quash. Gillett, Crim. Law (2d ed.) §125. As the facts alleged in the affidavit constituted a public nuisance at common law, it is evident that the affidavit is sufficient under §2440, supra. All the acts charged constitute but one nuisance. Meyers v. State (1907), 169 Ind. 403. It follows that the court did not err in overruling the motion to quash the affidavit.
Having disposed of all the questions presented by appellant’s statement of points, and finding no available error, the judgment is affirmed.