Rosenstein v. State

The affidavit charged the appellee with having been found in a state of intoxication “in a public place, to wit, in the public streets of the city of Indianapolis.”

The language of the statute would be followed by simply charging the offense to have been “in a public place.” R. S. 1894, section 2187.

It has been held, however, that in this instance it is not, as is usually the case, sufficient to follow the language of the statute, but that the charge must go further and “describe the place where the accused was found, so that the court may see that such place is a public place, within the…