Boynton v. Circuit Judge

To compel respondent to quash an information.

Granted January 22, 1891.

The information charged that John Boynton on the fourth *268day of August, 1890, etc., “was then and there a disorderly person within the meaning of Sec. 1, of Act No. 264 of the Laws of 1889, for that said J. B. was then and there a drunkard and a tippler,” and that said J. B. had been convicted of the offense as above charged, before, etc., on September 29, 1889, and July 30, 1890, “this is therefore charged as the third offense.”

Relator insisted (1) that two offenses were joined in one count, viz.: that of being a drunkard…