State v. Welch

— It is provided in séction 2091, R. S. 1881, that “ Whoever is found in any public place in a state of intoxication shall be fined any amount not exceeding five dollars,” etc. Appellee was indicted under this statute. On his motion the indictment was quashed; the State excepted, has taken this appeal, and, by counsel, assigned for error the quashing of the indictment. 11

*309The portion of the indictment charging the offence, after stating the county and State, and other formal matters, is as follows: “That one William Welch, late of said county, on the 10th day of July, A. D. 1882, in said…