Brand v. State

1. Where an accusation is drawn under section 442 of the Penal Code (1910), and it is alleged therein that the accused appeared in an intoxicated condition upon a public street, “ which said drunkenness and intoxication Avas caused by the excessive use of intoxicating wines, beers, liquors, and opiates,” the words just quoted cannot be treated as surplusage.....

*720Decided July 11, 1922. Accusation of misdemeanor; from city court of Floyd county — Judge Nunnally. January 31, 1922. Porter & Mebane, for plaintiff in error. James Maddox, solicitor, contra.

2. It follows, from wliat is stated above,…