State v. Tincher

This case is before us on a reserved question of law. The appellee was indicted for having been found in a state of intoxication in a public place, and on a plea of not guilty, the cause was submitted to a jury for trial, and under an instruction of the court a verdict of acquittal was returned. The public place at which the appellee was charged to have been found in a state of intoxication was, in the language of the indictment, “at a public assemblage at the residence of James Williams,” in Sullivan county, Indiana.

The facts disclosed by the record are as follows: There was an ice cream…