State v. McLaughlin

The opinion of the court was delivered by

Dawson, J.;

The defendant was convicted of two offenses — being drunk and intoxicated on a public highway, and operating an auto*694mobile on a public highway while in a drunken and intoxicated condition.

A jury was waived and counsel for the state and for the defendant submitted the cause to the trial court upon an agreed statement of facts, which in part reads:

“That at about 4:30 a. m. on the 9th day of August, 1925, Russell McLaughlin, the defendant in this case, was arrested by Officer P. H. Rouse, of Independence, and the sheriff of Montgomery county,…