Commonwealth v. Robinson

*375Opinion oe the Court by

Chief Justice Hurt

— Reversing.

An indictment was returned against the appellee, Eller Robinson, accusing him of the offense of unlawfully being drunk and intoxicated upon the road. The indictment was based upon section 28 of chap. 81, of the Session Acts of 1920, which is commonly called the state prohibition enforcement law. A general demurrer was sustained to the indictment, and the attorney for the Commonwealth has appealed. The validity of the indictment is assailed upon the ground that the portion of section 28, chap. 81, which makes the act of being drunk upon a…