State v. Moriarty

The indictment preferred against the appellee charges that “Dennis Moriarty, being then and there a person of sound mind, was then and there found in a public street, highway and sidewalk, in Hendricks county, Indiana, in an unlawful state of intoxication.” This indictment was quashed upon motion of the appellee. The ground upon which the motion to quash was sustained was, as we gather from the record, that the indictment did not charge that the Offence was committed in a public place. The ruling of the court was based upon Williams v. The State, 64 Ind. 553, wherein it was held that, in an…