State v. Sevier

Berkshire, J. —

This was a prosecution originating before a justice of the peace. There was a conviction before the justice and an appeal taken to the circuit court, a trial had in that court and an acquittal.

The State appeals upon a question reserved as provided in the third clause of section 1882, R. S. 1881.

The appellee is charged in the affidavit with a violation of section 2091, R. S. 1881, which reads as follows:

“ Whoever is found in any public place in a state of intoxication shall be fined any amount not exceeding five, dollars.”

There are two errors assigned: 1. The court erred in…