State v. Conant

This indictment, based upon Laws of 1921, Chap. 211, Sec. 74, charges “that. Albert S. Conant of Portland in said County on the thirteenth day of October A. D. 1923 at said Portland, did operate and attempt to operate a certain motor vehicle while being then and there intoxicated and under the influence of intoxicating liquor, against the peace” etc.

A general demurrer was overruled and the case is before us on respondent’s exceptions. The exceptions must be sustained.

The indictment, while following verbatim the language of Section 74, does not state facts which constitute a crime. Section 1…