State v. Sheppard

Brailsford, Justice.

This is an appeal by the State from an order of the circuit court quashing an indictment charging the defendant with operating a motor vehicle, quoting from the indictment, “while under the influence of intoxicating liquor and drugs,” in violation of Section 46-343, Code of 1962. The court held that the indictment charges two separate offenses in the same count, i. e., (1) driving under the influence of intoxicating liquor, and (2) driving under the influence of drugs.

The sole question involved on the appeal is whether the allegation that on the occasion in question the…