Pettus v. State

BRICKEN, Presiding Judge.

Appellant was tried and convicted for the violation of section 3883 of the Code 1923, which makes it an offense for any person while intoxicated or drunk to appear in any public place where 'one or more persons are present, and manifest a drunken condition by boisterous or indecent conduct, or loud and profane discourse.

Under the specific terms of the foregoing statute, in order to sustain a conviction for its violation, the state is under the burden of showing by the proper measure of proof (1) that the person accused, at the time complained of, was intoxicated or…