62 Vt. 291 | Vt. | 1890
The opinion of the court was delivered by
The complaint against the respondent is that he “ became and was intoxicated by the use of intoxicating liquor,” etc. The point made under a demurrer to the complaint is that he is not charged with having been “found ” intoxicated. Was the latter allegation necessary ? The first act of our modern legislation on the subject of intoxication was s. 2, act No. 2, Session Laws of • 1855, which imposed a penalty upon one, in the words of the statute, who “ becomes ” intoxicated. In the Gen
Judgment reversed, demurrer sustained, complaint adjudged insufficient and quashed, respondent discharged.
At the same term, State v. Hawley, involving the same question, was heard and like disposition made of it.