Davis v. State

The defendant was indicted for the offense of public drunkenness as forbidden by section 442 of the Penal Code, and was convicted. The indictment alleged several of the means by which the alleged intoxication was made manifest which are specified in the code section, and, in addition, charged that the drunkenness of the defendant was made manifest “by running his horse.” The defendant, in his statement at the trial, denied that he was drunk, or that he had even taken any intoxicant; but we pretermit any consideration of the defendant’s theory, for the reason that it was evidently disregarded…