State v. Young

This was a prosecution against the appellee,, originating before a justice of the peace, for being found in a state of intoxication, in violation of the ninth section of the act to regulate the sale of intoxicating liquors, etc., approved February 27th, 1873 (Acts 1873, p. 151). On appeal of the cause to the circuit court, the affidavit was quashed, and the State excepted.

The question presented relates alone to the validity of the section of the statute above mentioned. It provides, that "it shall be unlawful for any person to get intoxicated. A person found in a state of intoxication shall…