Clinton v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of being drunk in a public place. The court charged the jury, as a matter of law, that the grand jury room was a public place. The statute does not so define it. It is a matter of fact to be shown before the jury whether it is or not a public place. Where it is a question of fact and not a matter of law, the court is not authorized or justified in charging the jury as a matter of law that such place is a public place. This court has held that a grand jury room, when the .grand jury is in session, is a public .place. See Murchison v. State, 24…