Smith v. Commonwealth

Opinion of the Court by

Sandidge, Commissioner—

Reversing.

The appellant, William Boy Smith, prosecutes this appeal from a judgment of the Pike circuit court imposing upon him a fine of $100.00 and imprisonment in jail for thirty days as punishment for being drunk on a public road.

He contends that the judgment should be reversed because the trial court erred in not sustaining his demurrer to the indictment. The indictment charges the offense to have been committed on the 12th day of September, 1923, and within twelve months before the finding of the indictment. The point made for appellant is…