State v. Pierce

The defendant was charged by information with operating an automobile while in an intoxicated condition and causing injury to the persons of others. He demurred to the information on the ground that it failed to charge or define any statutory violation. The demurrer was sustained and the defendant discharged. Prom this ruling of the court below the state has appealed.

The charge in the information is based on Act 48 of 1926. Defendant’s pontention, under his demurrer, is that the act is inoperative, having been repealed and superseded by Act 296 of 1928. The later statute exempts from its…