State v. . Myrick

The defendant is indicted under 3 C. S., 4451(a), which makes it a misdemeanor for “any person to be drunk and disorderly in any public place or on any public road or street,” and provides that upon conviction the accused shall be fined not exceeding $50 or imprisoned not exceeding 30 days in the discretion of the court.

It is conceded by the Attorney-General that the case should be remanded for proper judgment, the sentence being excessive under the statute (S. v. Taylor, 124 N. C., 803, 32 S. E., 548), unless the verdict amounts to an acquittal.

The case is not like S. v. Barbee, 197 N. C.,…