State v. Cormier

Complaint for operation of a motor vehicle while under the influence of intoxicating liquor. The case comes up on exceptions to the overruling of a demurrer. Counsel for the State and the respondent agree that the sole question is whether the complaint sets forth any violation of law, inasmuch as it is not charged that the vehicle was operated upon a public way or in a public place, and that in fact the place described was a private driveway.

The statute, R. S. 1930, c.29, §88 (now R. S. 1944, c.19, §121), under which the complaint was drawn, and which has not been amended with regard to the…