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This section contains the nature of the case and procedural background.

Gay (D) was indicted and convicted for a nuisance. D kept a hog-pen that caused an offensive odor. The evidence conflicted on whether the pen was filthy and whether the smell came from D's pen or a number of other hog-pens in the neighborhood. The judge instructed the jury that guilt could be found even if the smell of D's pen was itself not sufficient to constitute, but only contributed to the nuisance with the smells of the other pens. D appealed.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.