Allen v. State

Citations

• 34 Tex. 230

Syllabus

<p>1. Article 2034, Paschal’s Digest, after specifying certain particular misdemeanors, provides in substance that any person who “ shall do any other act or thing that would be deemed and held to be a nuisance at common law shall be guilty of a misdemeanor,” etc. Held, that there is no necessary repugnance between this provision and article 1605, which declares that “ no person shall be punished for any act or omission as a penal offense, unles the same is expressly defined,” etc.</p> <p>2. Under the clause of article 2034, above referred to, the proprietors of a tallow factory, who conduct that unwholesome and offensive business in or near a town or densely settled neighborhood, or on a public thoroughfare, are subject to be prosecuted and punished for a misdemeanor.</p> <p>3. Four defendants were jointly indicted for misdemeanor in maintaining a nuisance. The proof on the trial showed that they were partners in the tallow factory which was the nuisance; and the jury returned as their verdict—“ We the jury find the defendants guilty, and assess the punishment at two hundred and fifty dollars fine.” He'd, that this was evidently a joint verdict against the partnership ; and being a joint verdict it was erroneous, as there can be no partnership in crime.</p> <p>4. On the verdict as above, the court below rendered judgment against each of the four defendants for two hundred and fifty dollars. Held, that • such a judgment was not warranted or supported by the verdict; the judgment being several, while the verdict was joint.</p>