State v. Kelly

This is an appeal by the State from the action of the circuit judge in quashing’ an indictment against the plaintiff in error for public drunkenness. The indictment, omitting the formal part, is as follows:

“James Kelly ... on the —-- day of November, A. D. 1915, in the county of McNairy, aforesaid, then and there unlawfully, openly, publicly, commonly, and notoriously was drunk, to the common nuisance of all who saw him.”

The grounds upon which the learned trial judge quashed the indictment are:

“(1) The indictment charges only one act of drunkenness. (2) It is not stated where the act of…