State v. Waggoner

The appellant was indicted under the 11th section of the act of 17th of March, 1875. Acts 1875, Spec. Sess. 55. The court quashed the indictment. The State excepted and prosecutes this appeal. The indictment charges, that “ one George Waggoner was then and there found in a public street, highway and sidewalk, situated in Greene county and State of Indiana, unlawfully in a state of intoxication.”

The statute is, “ any person of sound mind found in any public place in a state of intoxication, shall be deemed guilty of a misdemeanor,” etc. Acts of 1875, Spec. Sess., p. 57.

' The indictment was…