Wilhite v. State

Appellant was charged by affidavit, in two counts, with being found unlawfully in a state of intoxication in a public place in Morgan County, Indiana, “to wit: In the Monrovia'School Gymnasium, in the city of Monrovia.” On trial by the court he was found guilty, fined $10.00 and sentenced to the Indiana State Farm for 60 days. A motion for new trial for the statutory causes was overruled. Error is assigned-on this ruling.

The only question presented is whether or not there is any evidence that the defendant, at the time complained of, was found unlawfully, in a state of intoxication “in the…