State, 13 Okla. Cr. 576, 165 P. 1160; Pace v. State, 13 Okla. Cr. 520, 165 P. 1160; Booth v. State, 13 Okla. Cr. 672, 166 P. 751; Dotson v. State, 14 Okla. Cr. 50, 166 P. 902; Tudor v. State, 14 Okla. Cr. 68, 167 P. 341; Ault v. State, 14 Okla. Cr. 140, 168 P. 58; McDaniel v. State, 14 Okla. Cr. 219, 169 P. 1128; Hall v. State, 14 Okla. Cr. 379, 171 P. 347; Hester v. State, 14 Okla. Cr. 383, 171 P. 340; Vaughn v. State, 14 Okla. Cr. 475, 172 P. 975; Tittle v. State, 14 Okla. Cr. 562, 174 P. 295; Newton v. State, 14 Okla. Cr. 569, 174 P. 289; Hadley v. State, 14 Okla. Cr. 644, 171 P. 485; Hardeman v. State, 15 Okla. Cr. 230, 175 P. 948; Simmons v. State, 15 Okla. Cr. 442, 177 P. 626; Keeter v. State, 15 Okla. Cr. 139, 175 P. 263; Cope v. State, 15 Okla. Cr. 437, 177 P. 920; Garnette v. State, 15 Okla. Cr. 475, 178 P. 269; Arnold v. State, 15 Okla. Cr. 519, 178 P. 897; Reed v. State, 15 Okla. Cr. 545, 179 P. 480; Stubblefield v. State, 15 Okla. Cr. 656, 180 P. 251.

Verdict based on suspicion or prejudice will be set aside.

Bartelle

v. U. S., 2 Okla. Cr. 84, 100 P. 45: Green v. State, 7 Okla. Cr. 194, 122 P. 1108; White v. State, 13 Okla. Cr. 76, 162 P. 232; McRea v. State, 8 Okla. Cr. 483, 129 P. 71.

Verdict will be set aside when based on perjured testimony. v. State, 3 Okla. Cr. 630, 108 P. 418.

Smith

570. Nuisance Defined-A nuisance consists in unlawfully doing an act or omitting to perform a duty which act or omission either:

First. Annoys, injures, or endangers the comfort, repose, health, or safety of others; or,

Second. Offends decency; or,

Third. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any lake or or navigable river, stream, canal, or basin or any public park, square, street, or highway; or,

Fourth. In any way renders other persons insecure in life cr in the use of property. (4250 R. L. 1910)

Slaughter house and cemeteries as nuisances. See secs. 4265-68, R. L. 1910.

Slaughter house not a nuisance per se. Weaver v. Kuchler et al., 17 Okla. 189.

Where a thing may or may not be a nuisance, depending on its location, management, or use, the determination of such question by a municipality is binding on the courts. In re Jones, 4 Okla. Cr. 74,

109 P. 570.

Where a thing is not per se a nuisance, equity will not interfere. West et al. v. Ponca City, 14 Okla. 646.

A license to conduct an enterprise does not vest a right to maintain a nuisance. Reaves v. Terr., 13 Okla. 396.

Construction of public works does not constitute a nuisance to a private person unless he is in some way injured not common to the public. McKay v. City of Enid, 26 Okla. 275, 109 P. 520.

The legislature has authority to declare what constitutes a nuisance. In re Jones, 4 Okla. Cr. 74, 109 P. 570.

A place kept to enable persons to place bets on races is a nuisance per se. James et al. v. State, 4 Okla. Cr. 587.

571. Public Nuisance-A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the

extent of the annoyance or damage inflicted upon the individuals may be unequal. (4251 R. L. 1910)

572. Private Nuisance-Every nuisance not included in the definition of the last section is private. (4252 R. L. 1910) 573. Statute Authority-Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. (4253 R. L. 1910)

574. Who Liable-Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property,`created by a former owner, is liable therefor in the same manner as the one who first created it. R. L. 1910)

(4254

575. Abatement Does Not Preclude Damages-The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. (4255 R. L. 1910)

576. Time Does Not Legalize-No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. (4256 R. L. 1910)

577. Remedies Against Public Nuisance The remedies against a public nuisance are:

First. Indictment or information; or,

Second. A civil action; or,

Third. Abatement. (4257 R. L. 1910)

No bond required when action brought by Attorney General or County Attorney. Reaves v. Terr., 13 Okla. 396.

578. Indictment or Information-The remedy by indictment or information is regulated by the law on crimes and punishments and criminal procedure. (4258 R. L. 1910)

579. Civil Action-A private person may maintain an action for a public nuisance if it is specially injurious to himself, but not otherwise. (4259 R. L. 1910)

Injury must be different in kind, not degree, from that suffered by the public. McKay v. City of Enid, 26 Okla. 275, 109 P. 520.

580. Abatement by Officer-A public nuisance may be abated by any public body or officer authorized thereto by law. (4268 R. L. 1910)

581. Same-By Person Injured-Any person may abate a public nuisance which is specially injurious to him, by removing or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace or doing unnecessary injury. (4261 R. L. 1910)

582. Remedies Against Private Nuisance-The remedies against a private nuisance are:

...First. A civil action; or,

Second. Abatement. (4262 R. L. 1910)

583. Abatement of Private Nuisance-A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. (4263 R. L. 1910)

584. When Notice Is Required-Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it. (4264 R. L. 1910)

*

584A. Nuisance Enjoined by State-* An injunction may be granted in the name of the State to enjoin and suppress the keeping and maintaining of a common nuisance. The petition therefor shall be verified by the county attorney of the proper county, or by the Attorney General, upon information and belief, and no bond shall be required, but the county shall, in all other respects, be liable as other plaintiffs. (4881 R. L. 1910)

Rule governing injunctions against common nuisance adopted by Supreme Court in case of Terr. v. J. Robertson et al., 19 Okla. 158, 92 P. 144.

585. Governor Has Power to Grant-The Governor shall have power to grant, after conviction, reprieves, commutations, paroles, and pardons for all offenses, except cases of impeachments, upon such conditions and with such restrictions and limitations as he may deem proper, subject to such. regulations as may be prescribed by law. (Sec. 10, Art. 6, Const.)

586. Power of Governor-The Governor shall have power to grant, after conviction, reprieves, cómmutations, paroles and pardons for all offenses, except cases of impeachment, upon such conditions and such restrictions and limitations as he may deem proper, subject, however, to the regulations hereinbefore prescribed. (S. L. 1915, 97)

When executive clemency has once been granted, it is final. Terr v. Richardson, 9 Okla. 579; Id. 10 Okla. 217.

"Conviction," denotes the final judgment of the trial court. more v. State, 3 Okla. Cr. 639, 108 P. 416.

Gil'

Pardoning power is vested in the governor, and no court has authority to grant executive clemency. Ex parte McClure, 6 Okla. Cr. 241,.. 118 P. 591.

Judges, county attorneys and sheriffs have no authority to pardon or parole persons convicted of crime. Ex parte Eley, 9 Okla. Cr. 77, 130 P. 821; Opinion of the Judges, 3 Okla. Cr. 315, 105 P. 684; Ex parte Oliver, 11 Okla. Cr. 536.

Executive clemency granted by the lieutenant governor is valid. Ex parte Cullens, 11 Okla. Cr. 644; Ex parte Crump, 10 Okla. Cr. 133, 135 P. 428; Ex parte Nelson, 10 Okla. Cr. 396, 136 P. 991.

A pardon takes effect from delivery to the person receiving the benefits thereof, or to his authorized agent. Ex parte Crump, 10 Okla. Cr. 133, 135 P. 428; Ex parte Stewart, 11 Okla. Cr. 400, 146 P. 921.

Before the terms of a pardon or parole are effective, the party to whom it is granted must accept same. Ex parte Taggart, 12 Okla. Cr. 439, 158 P. 288.

Executive clemency does not extend to liability for costs. Terrell v. State, 11 Okla. Cr. 529.

587. Governor May Restore Citizenship The Governor shall have power to restore to citizenship any person convicted of any offense committed against the laws of this