Brand v. State

1. Where an accusation is drawn under section 442 of the Penal Code (1910), and it is alleged therein that the accused appeared in an intoxicated condition upon a public street, “ which said drunkenness and intoxication was caused by the excessive use of intoxicating wines, beers, liquors, or opiates,” the words just quoted cannot be treated as surplusage.

2. It follows from what is stated above, that where the accusation alleges that the defendant’s drunkenness was caused by the excessive use of intoxicating wines, beers, liquors, or opiates, and the evidence shows that the defendant was…