State v. Waller
Cases that cite this one
1 later published case cites this decision.
- State v. Cousins (Ariz. 1964)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court:
Private drunkenness is no offence by our municipal laws. It becomes so by being open and exposed to public view, to that extent that it thereby becomes a nuisance, commune uocumentum ; and that is a question of fact to be tried by the Jury. There being no charge in this indictment to that effect, the Jury has not, and could not pass on it; which being of the very essence of the crime, the judgment must be arrested.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.