Perjury-Subornation of perjury.

maintained where the supposed perjury depends upon the construction of a deed. 8 Blackf. 452.

Variance. This was an indictment for perjury, against John G. Tardy, and the affidavit of which the perjury was assigned is alleged in the indictment to be signed by him. Held, that an affidavit, signed Jonh Gariel Tardy, was not, in consequence of the variance, admissible as evidence in support of the indictment. 4 Blackf. 152.

Variance. An indictment for perjury alleged that the offense was committed on the trial of an issue between A. and B., in a suit by the former against the latter; the record of a cause commenced by A. against B. and C. was offered in evidence, in which cause C. was returned "no inhabitant," and an issue was joined and tried between A. and B. Held, that there was no material variance between the proof and the allegation. A statement in the record, that on, etc., by the oath, etc., it was presented as follows, etc.: (copying the indictment), is not objectionable for being in the past. tense. 1 Blackf. 193.

Same-Ex post facto.-A person guilty of perjury, when the punishment was whipping, not exceeding one hundred stripes, was prosecuted and convicted after the taking effect of a statute, by which the punishment for subsequent convictions of the crime was changed to confinement in the penitentiary, not exceeding seven years. Held, that the conclusion of the indictment in the singular, contra formam statuti, was sufficient; that the statute making this change in the punishment was not ex post facto, acccording to the meaning of these words in the constitution, and that a sentence of the offender to the penitentiary, under these circumstances, was not erroneous. Ibid.

The provision in the constitution, that no ex post facto law shall be made, means that the legislature shall not pass any law, after a fact done by a citizen, which shall have relation to the fact, so as to punish that which was innocent when done, or to add to the punishment of that which was crimiual, or to increase the malignity of a crime, or to alter the rules of evidence so as to make conviction more easy. Ibid.

Combination to commit felony.

SEC. 2. COMBINATION TO COMMIT FELONY.

SEC. 1. Any person or persons who shall unite or combine with any other person or persons, for the purpose of committing a felony, or any person or persons who shall knowingly unite with any other person or persons, or body, or associ ation or combination of persons, whose object is the commission of a felony or felonies, shall be guilty of a felony, and upon conviction shall be fined in any sum not exceeding five thousand dollars, and be imprisoned in the state prison not less than two nor more than twenty-one years: Provided, that, in any indictment under this section, it shall not be necessary to charge the particular felony which it was, the purpose of such person or persons, or the object of each [such] person or persons, or body, association, or combination of persons to commit. Act May 31, 1861, 2 R. S. 451.

CHARGE.

Combination to commit robbery.

in the year

That A. B., on the day of at said county, did unlawfully and feloniously unite, combine and conspire with one C. D., for the purpose of feloniously and unlawfully making an assault upon one E. F., and for the purpose and with the intent then and there of feloniously and forcibly, by violence and putting in fear, taking from the person of the said E. F., United States treasury note, of the denomination and value of fifty dollars, of the goods and chattels of the said E. F.

one

Constitutional law.—The proviso in the statute, that it shall not be necessary in the indictment to charge the particular felony intended to be committed, is unconstitutional, against natural law,. and void. 49 Ind. 186.

The averment in such an indictment should be specific and full in describing the intended felony. It is not necessary, however, to charge an overt act. Ibid; 2 Bish. Crim. Proced. § 169.

An indictment, under this statute, charging a combination unlawfully to prevent the course of justice, and secure the acquittal of a person charged with a criminal offense, is insufficient, though perjury

Nuisances-Disorderly houses-Throwing dead animals in streams.

is shown to be the means by which it was proposed to accomplish the purpose. 50 Ind. 465.

Quære: Whether a case of combination, with intent to commit perjury, would be within the statute, inasmuch as such a felony is in its nature several, and can not be committed jointly, like some other felonies. Ibid.

The statute creates two distinct offenses: 1. Uniting or combining for the purpose of committing a felony; and, 2. Knowingly uniting with any other person or persons, etc., whose object is the commission of a felony or felonies. Ibid.

The venue may be laid in any county in which the defendants, or any of them, did an act in furtherance of the common object of the conspiracy. 4 East. 164.

A criminal liability is incurred, whether the thing agreed upon is accomplished or not. Bish. Crim. Law, § 1024.

The combination makes the offense, if the purpose exists to commit the felony, whether any step is taken in pursuance of the conspiracy or not. Id., § 519 and note.

SEC. 3. NUISANCES - DISORDERLY HOUSES-THROWING DEAD
ANIMALS IN STREAMS.

SEC. 8. Every person who shall erect, or continue and maintain, any public nuisance, to the injury of any part of the citizens of this state, shall be fined not exceeding one hundred dollars. 2 R. S. 460.

Abating nuisance.

SEC. 9. After any person shall have been convicted of erecting or maintaining any public nuisance, the court may make it a part of the judgment that such nuisance be removed by the proper officer, and no proceeding regulating the writ of ad quod damnum shall bar any prosecution under this and the preceding section. 2 R. S. 461.

Definition of nuisance.

SEC. 628. Whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable

Nuisances-Disorderly houses-Throwing dead animals in streams.

enjoyment of life or property, is a nuisance, and the subject of an action. 2 R. S. 258.

CHARGES.

1. Carrying on offensive trade.

on

That A. B., on the tenth day of May, A. D. 1865, at said county, to wit, upon lot number street, in the city of New Albany, in said county, and near the dwelling-houses of divers citizens of the State of Indiana, did unlawfully erect, and cause and procure to be erected, a certain furnace and boiler, for the purpose of boiling tripe and other entrails and offal of beasts; and that the said A. B., on the day and year, and at the place aforesaid, and on divers other days and times between that day and the day of the making of this presentment, at the place aforesaid, unlawfully did boil, and cause and procure to be boiled, in the said boiler, divers large quantities of tripe and other entrails and offal of beasts; by reason whereof divers noisome, offensive, and unwholesome smokes, smells, and stenches, during the time aforesaid, were from thence emitted and issued, so that the air then and there was, and yet is, greatly filled and impregnated with said smokes, smells, and stenches, and made offensive, uncomfortable, and unwholesome, to the great injury and annoyance of the said citizens of the State of Indiana. Bicknell's Crim. Pr. 399.

2. Putting dead carcass in a field near highway.

day of

in the year

That A. B., on the at the township of, in said county, unlawfully erected, continued, and maintained a certain public nuisance, by then and there unlawfully putting the carcass of a certain dead hog into a certain field of him, the said A. B., near to a certain public highway and road there situate, along which highway and road divers citizens of the State of Indiana were then and there in the habit of passing and abiding, and did pass and abide, and the said dead hog, he, the said A. B., did then and there knowingly permit and suffer to be and remain for a long space of time, to wit, for the space of ten days thereafter; by reason whereof divers noisome, offensive, and unwholesome smells and stenches were then and there emitted and issued, so that the air for a great distance around said dead hog, to wit, for the distance of one mile on and along said highway, was thereby greatly filled and impregnated with the said smells and stenches, and was

Nuisances-Disorderly houses-Throwing dead animals in streams.

rendered offensive, uncomfortable, unwholesome, and noxious, to the great injury, annoyance, and common nuisance of all the said citizens of the State of Indiana, then and there, as aforesaid, passing and abiding.

3. Keeping bawdy-house.

That A. B., C. D., and E. F., on the day of in the year and from that day continually until the day of the making of this presentment, upon lot number, on —, on —— street, in the city of, in said county, and near the dwelling-houses of divers citizens of the State of Indiana, did unlawfully erect, continue, and maintain a certain public nuisance, to wit, a certain building, to wit, a house of ill-fame and bawdy-house, then and on said other days and times, there situate, kept and used as such house of ill-fame and bawdy-house, and then and on said other days and times resorted to for the purposes of prostitution and lewdness; and that the said A. B., C. D., and E. F., in said house, for their own lucre and gain, certain persons, as well men as women, of evil name and fame, and dishonest conversation, to frequent and come together, did then, and on said other days, unlawfully and willfully cause, permit, and procure, and said men and women, in said house, as well in the day as in the night, then and on said other days and times, there did suffer and permit to be and remain whoring, tippling, blackguarding, swearing, cursing, hallooing, shouting, carousing, and making great noises, to the great injury and common nuisance of all good citizens, then and on said other days and times there residing, passing, and being.

FORM AND CONTENTS.

Turnpike-Failure to repair not nuisance.-An indictment will not lie against the directors of a turnpike company for a nuisance in failing to repair their road by building a new bridge in the place of one that has been swept away by a flood. 48 Ind. 425.

Definition of offense.-The statute making the erecting or maintaining of a public nuisance a misdemeanor, sufficiently defines the offense. 27 Ind. 430. See 2 Whart. Crim. Law, § 2362.

Information-Urinating in spring of water.-An information for a nuisance, charging the defendant with urinating in a spring of water, near a public highway, from which many persons in the vicinity, and travelers on the highway, were accustomed to drink,