State v. Watson
106 So. 369 | La. | 1925
The defendant was charged and convicted under Act 78 of 1924, of "operating a motor vehicle while in an intoxicated condition." He moved to arrest the judgment on the ground that said act is unconstitutional. His motion having been denied, he appealed to this court, and assigns as error patent on the face of the record that the indictment charges no offense known to the law, for this, to wit, that it does not charge that there resulted any "injury to person or property."
O'NIELL, C.J., concurs in the decree, but not in the affirmance of the opinion in the Dudley Case.
OVERTON, J., recused.
LAND, J., concurs in decree.