State v. Johnson

The defendant was charged with operating a motor vehicle upon the public highways of the state while in an intoxicated condition.

He was tried by a jury of five, which returned a verdict of guilty as charged. Whereupon, after a motion for a new trial had been overruled, the accused was sentenced to pay a fine of $200 and, in default, to be imprisoned in the parish jail for a period of three months.

After the first witness had been sworn on the part of the state, the defendant objected to any evidence being offered, on the ground that the indictment does not charge any offense known to the laws…