Howell v. State

Howell was indicted for the offense of being intoxicated on certain highways and public streets of Dalton, Georgia; it being alleged that his drunkenness was manifested hy boisterous and indecent condition and acting, by vulgar, profane, and unbecoming language, etc. On arraignment and before pleading to the merits, he filed a plea setting up a former conviction of the same offense by the recorder of the City of Dalton. The court struck the plea, and a ruling is invoked here, as it was in the court below, as to whether one punished under a municipal ordinance for the offense of public…