Wellman v. Commonwealth

Opinion op the Court by

Judge McCandless

Affirming.

John Wellman was indicted, tried and convicted of the offense of drunkenness under sec. 2554a-28, Ky. Statutes. On this appeal it is urged, first, that a demurrer should have been sustained to the indictment, which charged the defendant with being intoxicated and drunk upon a public or private road and in a public place. When the demurrer was filed the commonwealth elected to try the defendant upon the charge of being1 drunk and intoxicated in a public jplacie. Whereupon the demurrer was overruled. The objection urged is that the indictment…