State v. Masters

Woods, Judge:

The State, by virtue of section 31, Chapter 135, Code, complains of the judgment of the circuit court of Berkeley county in sustaining the demurrer and notice to quash an indictment and discharging defendant therefrom.

But two points are raised here: (1) the sufficiency of the indictment; and (2) the constitutionality of section 97 of Chapter 43, Code, under which the same .was drawn.

The indictment charges “* * * . that Doyle Masters heretofore, to-wit, on the.day of August, 1927, in the county and state aforesaid, did operate on the public highway in said county a motor vehicle,…