Russell v. State

The defendant was convicted of a violation of Code § 58-608, which declares: “Any person who shall be and appear in an intoxicated condition on any public street or highway, . . which said drunkenness or intoxication may be caused by the excessive use of intoxicating wines, beers, liquors or opiates, and must be made manifest by boisterousness, or by indecent condition or .acting, or by vulgar, profane or unbecoming language, or loud and violent discourse of the person or persons so intoxicated or drunken, shall be guilty of a misdemeanor.” While there was no evidence that the defendant…